
Class L Cs '^.J__ 

Book ^JUJd^ 



SMITHSOMIAM DEPOSIT 



Executive Journal of Iowa 



EXECUTIVE JOUBML OF IOWA 

1838-1841 



GOVERNOK ROBERT LUCAS 



EDITED BY 
BENJAMIN F. S H A M B A U G li 



PUBLISHED AT lOAVA CITY IOWA IX 1906 BY 
THE STATE HISTOEICAL SOCIETY OF IOWA 



<^^f^\ ^'- 476616 






(.-' 



U ^>1 



The Executive Journal of Iowa 

as kept by 

Governor Robert Lucas 

from 

July 17 1838 to June 18 1841 



EDITOK'S PREFACE 

Froui section three of the Organic Act of the Territory 
of Iowa, which requires the Secretary of the Tenitory to 
"record and preserve .... all the acts and proceedings 
of the Governor in his executive depai-tment" and transmit 
"one copy of the executive proceedings .... to the Presi- 
dent of the United States," it is evident that an official 
record or journal of the acts of the Governor of the Tem- 
tory was contemplated. But no such record or journal 
seems to have been preserved among the public archives in 
Iowa or at Washington. Indeed, students of Iowa history 
had come to doubt the existence anywhere of an executive 
journal for the Temtorial period. The recent discovery 
among the papers of Robert Lucas of a manuscript record 
of executive acts for 1838-1841 was, therefore, a surprise 
as well as a great joy. 

This journal, which is now made accessible for the first 
time, is found in a well preserved folio volume of four hun- 
dred and two pages of manuscript. Two hundred and 
seventy-nine pages constitute what in this printed volume 
is designated as the Executive Journal of Iowa 1838- 
184-1- The remaining one hundred and twenty-three pages 
of the original volume are filled with hymns and verses, 
many of which appear to have been composed by Governor 
Lucas for members of his family and relatives. They have 
a decidedly religious tone, and seem to have been written 



Executive Journal of Iowa 



late in liff. Tlie dates slicnv that they were for the most 
part recorded between March, 1851, and October, 1852. 

From the provisions of the Organic Act cpioted above it 
appears clearly enough that to keep the joui'nal of the 
executive acts was one of the important duties of the Secre- 
tary of the Tenitory. But no part of the journal during 
the administration of Governor Lucas is recorded in the 
handwriting either of William B. 0<inway, the first Secre- 
tary of the Territory, or of James Clarke, his successor. 
Governor Lucas was, moreover, very much pi'ovoked by the 
failure of Secretary Conway to perform this particular duty. 
On September 5, 1838, from Burlington he wrcite to Con- 
way at Davenpcirt: "I would be glad to see you at this 
place. I am anxious to commence oificial duties in a regu- 
lar manner, which cannot be done until the SectT is pres- 
ent." (See below p. 24.) Again on December 2(3, 1838, 
he wrote impatiently: "I would also, wish to know 
whether you do or, do not intend to discharge the duty 
recpiired of you by the Organic law relative to recording 
the acts and proceedings of the Governor in his Executive 
Department. Nothing of this kind has yet been done by 
you and I think it time that this business was done. If it 
is not your intention to perform these duties I wish to 
know it, that I can make a representation to the proper 
Department at Washington. I rec^uest an explicit and 
u)iequii'Ocal answer to the above." (See below p. 69.) 
Still later, March 12, 1830, Governor Lucas declares in a 
letter to John Forsyth, Secretary of State, that "if Mr. 
Conway has perfm'med any duty as Secretary of the Terri- 



Editor's Preface 



tory furtlier tliau liis connection with tlie Legislative As- 
sembly it is unknown to me. I know that lie lias not made 
up a page of Executive record;" and so "I have been com- 
pelled to perform both the duties of Executive and Sec? as 
far as, the duties of Sec^ were connected with the Executive 
Department." (See below pp. 112, 113.) 

Were the duties of Recording Secretary performed by 
the Governor's Private Secretary, Theodore S. Parvin ? It 
would be quite natural to suppose that they were. But a 
comparison of Parvin's handwriting with the oiiginal manu- 
script leaves no ground for the support of this hypothesis. 

Moreover, a close examination of the original manuscript 
reveals the fact that the letters and documents were copied 
by three different persons. A little more than one -third of 
its contents is in the characteristic handwriting and above 
the autograph signature of Governor Lucas. Two letters 
(See below pp. 99 and 114) were recorded by some un- 
known person whom I have referred to as Y. The 

remaining letters and documents, constituting approximately 
two -thirds of the whole manuscript, were recorded by a 

third person whom I have designated as X Although 

I do not have proof positive of the fact, I am nevertheless 

satisfied in my own mind that X was none other than 

Jesse Williams, a young man who had come to the Teni- 
tory with Governor Lucas in August, 1838, and who acted 
in the capacity of Messenger to Robert Lucas as Superin- 
tendent of Indian affairs. (See below p. 312). I have come 
to this conclusion after carefully comparing the original 
manuscript with a number of letters and papers known to 



A CALENDAR OF CONTENTS 

[Note. — Unless otherwise indicated the letter or document is by Robert Lucas.] 

1838, July 17. — Letter by Robert Lucas to John Foestth, 
Secretary of State, accepting appointment as Gov- 
ernor of the Territory of Iowa .... 3 

1838, July 25.- — Proclamation by Acting Governor Wm. B. 
Conway dividing the Territory of Iowa into judicial 
districts and fixing the time of holding cotirts in the 
same ......... 4 

1838, Auffust 5. — Letter by Acting Governor Wsi. B. Con- 
way to Wm. B. Slaughter, Secretary of Wisconsin 
Territory, relative to the officers and records of the 
Territory ........ 6 

1838, August 6. — Letter by Acting Governor Wm. B. Con- 
way to Joseph Williams, Justice of the Supreme 
Court, relative to the beginning of his judicial 
duties ......... 7 

1838, August IJ^. — Letter by Acting Governor Wm. B. Con- 
way* to John Forsyth, Secretary of State, relative 
to the boundary line between Missouri and Iowa . 8 

1838, A^igust H. — Letter by Acting Governor Wm. B. Con- 
way to L. W. BoGGs, Governor of Missouri, relative 
to the boundary line between Missouri and Iowa . 10 

1838, August IJf- — Letter by Acting Governor Wm. B. Con- 
way to Albert M. Lea, Commissioner, relative to 
the boundary line between Missouri and Iowa . 12 



xiv Executive Journal of lo^vn [1S38 

ISSS, August 15. — Proclamation apportioning memliers of the 
Legislative Assembly among the counties of the Ter- 
ritory . . . . . . . . . 14 

1S3S, September 1. — Commission appointing James Davis 
Commissioner for the Territory to ascertain bound- 
ary line . . . . . . . . 10 

183S, iSe^^fember 1. — Commission appointing Isaac Van Al- 
len Commissioner to partition Half Breed Lands . 17 

1S3S, September 1. — Letter to Levi Woodbury, Secretary of 
the Treasury, relative to the library of the Territory 
and the manner of paying Territorial appropriations 
and salaries . . . . . . . . 18 

1S3S, September 3. — Letter to L. W. Boggs, Governor of 
Missouri, relative to the appointment of James 
Davis, Commissioner for the Territory of Iowa, to 
ascertain boundary line . . . . . 20 

1S38, September 3. — Letter to Albekt M. Lea relative to the 
aj)pointment of James Davis, Commissioner for the 
Territory of Iowa to ascertain boundary line . . 21 

1S38, September 5. — Letter to John Foesytu, Secretary of 
State, relative to the appointment of James Davis, 
Commissioner for the Territory of Iowa to ascertain 
boundary line . . . . . . . 22 

1S3S, Sep>tember 5. — Letter to A. M. Lea, ^J . S. Commis- 
sioner, relative to boundary matter . . . 23 

1S3S, Septembi-r 5. — Letter to Wm. B. Con">vay, Secretary of 
the Territory, relative to the location of the seat of 
government, executive office, commencing official 
duties, and purchase of stationery . . . . 23 



1838] Calendar of Contents xv 

18SS, Sejjtember 6. — Letter to Levi Woodbuet, Secretary of 
the Treasury, relative to appropriation of §5,000 for 
library of the Territory ..... 24 

1838, Se2ytember 6. — Order for 85,000 on the Secretary of the 

Treasury . . . . . . . . 25 

1838, September 6. — Letter to Edward Lucas & Co. relative 

to books for the library of the Territory . . 25 

18S8, September 6. — Letter to E. S. Haixs, Surveyor Gen- 
eral for Ohio, relative to the selection of books for 
the library of the Territory . . . . . 27 

1838, October 4- — Letter to Jabez A. Burchaed, Jr., relative 
to election returns from Scott County and contesting 
a seat of a member of the Legislative Assembly . 28 

1838, October Jf. — Letter to James K. Moss relative to the 
eligibility of Thomas Cox to a seat in the Legisla- 
tive Assembly . . . . . . . 30 

1838, October 11. — Letter to Thos. L. Smith, Register of the 
Treasury, relative to estimates of expenses of the 
Legislative Assembly for 1839 .... 31 

1838, October 18. — Certificate of election to W. W. Chap- 
man, Delegate to Congress . . . . . 33 

1838, October 19. — Letter to Messrs. R. RrxsroED and Jokas 
M. Oaks relative to the appointment of County Seat 
Commissioners for Cedar County .... 34 

1838, October 18. — Proclamation relative to the election of 
Delegate to Congress and members of the Legisla- 
tive Assembly and fixing the time and place for the 
first meeting of the Legislative Assembly . . 35 



xvi Executive Journal of Iowa [1838 

18oS, October SI. — Letter to Asbury Dickixs acknowledging 

receipt of books . . . . . . . 38 

183S, November 2. — Proclamation providing for a special 
election to fill a vacancy in the House of Representa- 
tives 39 

1S3S, November 12. — Letter to Johx Foesyth, Secretary of 
State, acknowledging the receipt of 36 copies of the 
acts of Congress . . . . . . . 40 

183S, November 12. — Message to the Legislative Assembly . 40 

1838, Noveynber 12. — Oath administered to members of the 

Legislative Assembly . . . . . . 61 

1838, November 16. — Communication to the President of the 
Council of the Legislative Assembly replying to a 
resolution of the Council . . . . . 61 

18S8, December 6. — Letter to Wm. B. Conway, Secretary of 
the Territory, relative to a joint resolution of the 
Legislative Assembly ...... 65 

1838, December 17 . — Commission of appointment to ArorsTrs 

R. Knapp, Commissioner of the Territory . . 68 

1838, December 26. — Letter to Wii. B. Co>'way, Secretary 
of the Territory, relative to duties of the Secretary 
of the Territory . . . . . . . 69 

1838, December 19. — Communication to the Council of the 
Legislative Assembly vetoing a bill regulating the 
intercourse between the legislative and executive de- 
partments . . . . . . . . 70 



1839] Calendar of Contents xvii 

18S8, December 29. — Communication to tlie House of Repre- 
sentatives of the Legislative Assembly vetoing a 
resolution relative to the appointment of a Fiscal 
Agent 72 

1838, December 31. — Communication to the House of Repre- 

sentatives of the Legislative Assembly returning, 
with suggestions for modifications thereof, a bill to 
divide Henry County . . . . . . 73 

1839, January Jf. — Communication to the House of Repre- 

sentatives of the Legislative Assembly vetoing two 
resolutions . . . . • • • • 74 

1839, January 5. — Communication to the House of Repre- 
sentatives of the Legislative Assembly vetoing a 
resolution relating to the Executive . . . 75 

1839, January 9. — Communication to the Council of the Leg- 
islative Assembly nominating militia officers . 77 

1839, January S. — Communication to the Council of the Leg- 
islative Assembly requesting the reconsideration of 
a bill to incorporate the City of Dubuque . . 78 

1839, January 12. — Letter to the President of the United 
States, to W. W. Chapman, Delegate to Congress, 
and to the Speaker of the House of Representatives, 
transmitting memorial and resolution . . . 82 

1839, January 16. — Communication to the Council of the 
Legislative Assembly nominating Sheriffs and Judges 
of Probate ........ 83 

1839, January IS. — Communication to the Council of the 
Legislative Assembly nominating Justices of the 
Peace 84 



x\Tii Executive Journal of Iowa [1839 

1S39, January 19. — Communication to the Council of the 
Legislative Assembly nominating field officers in the 
militia . . . . . . . . . 91 

1839, January 17. — Communication to the House of Repre- 
sentatives in the Legislative Assembly pointing out 
defect in the bill to establish the seat of government 
of the Territory 92 

1S39, January Ql. — Communication to the House of Repre- 
sentatives of the Legislative Assembly pointing out 
defects in bills relative to the seat of government of 
the Territory ....... 94 

1839, January 2If. — Memorial to Congress relative to the 

location of the seat of government of the Territory 96 

1839, January 25. — Communication to the Council of the 
Legislative Assembly vetoing a bill authorizing the 
Legislative Assembly to punish for contempt and 
privilege members from arrest .... 97 

1839, January 31. — Letter to the Governor of Massachusetts 
acknowledging receipt of Journals of Provincial 
Congress of Massachusetts . . . . . 99 

1839, February 2. — Letter to Levi Woodbcry, Secretary of 
the Treasury, relative to salary and contingent ex- 
penses ......... 99 

1839, Janruary 23. — Communication to the House of Repre- 
sentatives of the Legislative Assembly returning a 
bill with suggestions for modifications thereiu . 101 

1839, January 28. — Letter to James Davis, Commissioner, 
acknowledging receipt of report on the southern 



1839] Calendar of Contents xix 

boundary of Iowa, and commenting npon the pro- 
ceedings of the Legislative Assembly . . . 103 

1839, March 12. — Letter to John Foestth, Secretary of 
State, relative to a communication from members of 
the Legislative Assembly to the President of the 
United States .104 

1839, March '20. — Letter to John Forstth, Secretary of 
State, relative to a communication and memorial 
from the Legislative Assembly of the Territoi'y . 11-1 

1839, A2}ril 20. — Letter to Levi Woodbury, Secretary of the 
Treasury, relative to the penitentiary of the Territo- 
ry and appropriation therefor . . . . 115 

1839, 3Iay H. — Letter to John Forsyth, Secretary of State, 
transmitting a protest and remonstrance by minority 
members of the House of Representatives of the Ter- 
ritory of Iowa together with a memorial signed by 
citizens of the Territory . . . . . 117 

1839, May IS. — Letter to Hexry Eno and others replying 

to a petition for the pardon of James Fike . . 119 

1839, June 15.— Letter to Je.sse Miller, First Auditor of 

the Treasury, relative to salary . . . . 122 

1839, July Jf. — Letter to Levi Woodbury, Secretary of the 

Treasury, relative to contingent expenses . . 122 

1839, July Jf. — Letter to Levi Woodbury, Secretary of the 
Treasury, relative to the appropriation for public 
buildings in the Territory . . . . .123 



XX Executive Journal of Iowa [1839 

1839, July 9. — Letter to John Forsyth, Secretary of State, 
acknowledging the receipt of 36 copies of the laws 
of the United States 125 

1S39, Jidy 9. — Letter to J. R. Poixsett, Secretary of War, 

relative to militia matters in the Territory . . 125 

1839, July 25. — Proclamation relative to sale of lots at Iowa 

City 128 

1839, August 21. — Proclamation relative to sale of lots at 

Iowa City 131 

1839, July 29. — Proclamation relative to the Missouri bound- 
ary dispute . . . . . . . .132 

1839, September IJf. — Letter to Levi Woodbury, Secretary of 
the Treasury, relative to the penitentiary of the Ter- 
ritory . . . . . . . . .138 

1839, September 25. — Proclamation replying to a proclamation 
of the Governor of Missouri relative to the Missouri 
boundary dispute . . . . • . .139 

1839, Oefober 1 Proclamation declaring Feaxcis Gehon to 

be elected Delegate to Congress .... 158 

1839, October 1. — Certificate of the election of Feaxcis 

Gehox, Delegate to Congress .... 160 

1839, October 2. — Letter to Fkaxcis Geiiox enclosing certifi- 
cate of election . . . . . . .161 

1839, October 3. — Letter to Joiix Forsyth, Secretary of 
State, relative to the Missouri boundary dispute and 
transmitting documents . . . .162 



1839] Calendar of Contents xxi 

1S39, December IS. — Letter to John Foesyth, Secretary of 

State, relative to the Missouri boundary dispute . 164 

1SS9, December 16. — Communication to the House of Repre- 
resentatives of the Legislative Assembly vetoing pre- 
amble and resolutions relative to the Missouri bound- 
ary dispute . - . . . . . .160 

ISJfO, February 13. — Letter to John Foesyth, Secretary of 

State, relative to the Missouri boundary dispute . IVO 

1839, March 18. — Proclamation relative to the location of the 

seat of justice of Linn County . . . .174 

1839, November 5. — Message to the Legislative Assembly . 176 

1S39, November 6. — Letter to John Foesyth, Secretary of 
State, relative to the death of Wii. B. Conavay, Sec- 
retary of the Territory . . . . . .205 

1839, November 6. — Communication to the House of Repre- 
sentatives of the Legislative Assembly relative to 
certain bills not approved by the Executive . . 205 

1839, November 16. — Letter to Levi Woodbury, Secretary 
of the Treasury, transmitting estimate of the Super- 
intendent of the Iowa Penitentiary . . .20 7 

1839, Novernber 19. — Communication to the House of Repre- 
sentatives of the Legislative Assembly transmitting 
list of Sheriffs appointed ..... 208 

1839, November 19. — Letter to J. R. Poinsett, Secretary of 

War, relative to militia matters in the Territory . 210 



xxii Executive Journal of Iowa [1S40 

1S39, JVovember ~0. — Coinniuiiication to Committee of tlie 
Council of the Legislative Assembly relative to the 
library of the Territory 212 

1839, JVovemht'i- 23. — Letter to Hexry Hefflemax, Sheriff 
of Van Buren County, relative to the arrest of the 
Sheriff of Clark County, Missouri . . . 213 

1S39, Decemher 6. — Letter to the Marshal of the United States 
for the Territory of Iowa relative to the use of the 
n\\\it\2. a,^ a. 2}osse comitatus . . . . .215 

1839, December 9. — Communication to the Council of the 

Legislative Assembly making nominations . . 216 

1839, December 9. — Letter to John Foksyth, Secretary of 

State, relative to the Missouri boundary dispute . 216 

1839, December IS. — Letter to the Governor of Missouri 
transmitting certain resolutions from the Legislative 
Assembly ........ 226 

1839, December 19. — Communication to the House of Repre- 
sentatives of the Legislative Assembly returning a 
bill creating the office of Public Printer . . 22" 

1839, December 21. — Communication to the Legislative As- 
sembly transmitting a communication from the Ex- 
ecutive of New York ...... 228 

1839, December 21. — Communication to the House of Repre- 
sentatives of the Legislative Asseml:)ly returning a 
bill providing for the appointment of Librarian . 229 

18JfO, Januarij 2. — Communication to the Council of the Leg- 
islative Assembly nominating certain officers . 230 



1840] Calendar of Contents xxiii 

ISJfO, January Jf. — Communication to the House of Repre- 
sentatives of the Legislative Assembly transmitting 
correspondence with the Secretary of War . . 231 

ISIfO, January 2S. — Certificate to Congress relative to peti- 
tion of James Davis for comj)ensation as Commis- 
sioner ......... 232 

1840, January 29. — Letter to Wji. W. Chapman, Delegate 
to Congress, transmitting joint resolution of Legis- 
lative Assembly relative to election of Governor . 233 

ISJfO, January 39. — Letter to R. M. Johxsox, President of 
Senate, transmitting joint resolution of Legislative 
Assembly ........ 234 

184.0, January 27. — Letter to Levi Woodbury, Secretary of 
the Treasury, transmitting estimate of the Superin- 
tendent of the Iowa Penitentiary . . . . 234 

1840, January 29. — Letter to Wm. W. Chapman, Delegate 
to Congress, transmitting memorials relative to the 
seat of government of the Territory . . . 237 

18^0, February S. — Letter to Wm. W. Chapman, Delegate 
to Congress, transmitting eight memorials and reso- 
lutions of the Legislative Assembly . . . 239 

18^0, February H. — Letter to Asbuet Dickins, Secretary 
of the Senate, replying to a request for reports and 
documents relative to the Geology of the Territory 239 

18^0, March 21. — Letter to Levi Woodbuet, Secretary of 
the Treasury, relative to the seat of government and 
public buildings of the Territory . . . .240 



xxiv Executive Journal of Iowa [I84i 

ISJfO, 2Liy 4- — Letter to Tiiokxton Bayless, Treasurer of 

the Territory, relative to official bond . . . 242 

ISJfO, April 7. — Letter to J. V. Beret, District Prosecutor, 

relative to disturbances in Jackson County . . 243 

ISJfO, Jtine 12. — Letter to Levi Woodburt, Secretary of the 

Treasury, relative to check for contingent expenses 244 

ISJfO, June 12. — Letter to Levi Woodbury, Secretary of the 
Treasury, transmitting estimate relative to the a])pro- 
priation for public buildings at the seat of govern- 
ment of the Territory ...... 245 

ISJfO, July 14. — Message to the Legislative Assembly . . 246 

I84O, July 2-j. — Communication to the House of Representa- 
tives of the Legislative Assembly relative to the 
payment of annuities to the Sac and Fox Indians . 252 

ISJ^O, July 24. — Proclamation relative to a sale of lots at L)wa 

City 253 

ISJfO, JVovcmbe?' 3. — Message to the Legislative Assembly . 254 

IS4O, December S. — Communication to the Council of the 
Legislative Assembly relative to the disposition of 
the Contingent Fund ...... 264 

ISJ-fO, December 17. — Letter to the Governors of Missouri, 
Illinois, and Wisconsin transmitting memorial rela- 
tive to the improvement of the Mississijipi River . 207 

ISJfl, January 13. — Communication to the Council of the 

Legislative Assembly nominatino- militia officers . 268 



1841] Calendar of Contents xxv 

ISJfl, February 2. — Letter to A. Bkidgmax and three others 
relative to the power of the Executive to issue com- 
missions under the Charter of Burlington . . 271 

ISJfl, March 15. — Proclamation relative to a sale of lots in 

Iowa City 273 

181^1, April 3. — Letter to J. J. Abert transmitting a copy of 
Judson's map of Wisconsin and Iowa to J. N. Nic- 
ollet . . . . . . . . .274 

ISJfl, Ajml SO. — Proclamation relative to the meeting of the 

Legislative Assembly at Iowa City . . . 275 

ISJfl, 'Tune 18. — Letter to Daxiel Webster, Secretary of 
State, relative to the appointment of Joiix Chaji- 
BEES as Governor of the Territory of Iowa . . 277 



1838 to ISJfO. — Memorandum of Bills, Resolutions, etc., and 

the action taken upon them ..... 285 



Copy 

of 

Ex[ec] uti ve Letters. 



EXECUTIVE JOURNAL 

O F 

GOVERNOR ROBERT LUCAS 



\Record<id by X ]i 

Piketdu, Ohio July 17'.'' 1838 
To tlie Ho>". JoHx Forsyth 
Sect>" of State of the U. S. 
Sir 

I this inoiueut had the lionor to 
receive your communication of the 11"' List, transmit [t]ing 
a commission (dated the 7'!' Int) appointing me (xovernor of 
the Territory of L:)\va, which appointment, I cordially accept, 
and assure you, that every exertion to the extent of my aljil- 
ities will be [exerted]- used to discharge the duties of the 
appointment, in accordance with the wishes of the adminis- 
tration of the general government, and, to the satisfaction of 
the American people. 

In answer to the request in your comnnuiication, I will 
state, that I was Lorn in Jefferson County, Virginia, on the 
1^.' day of April A. D. 1781. 



1 See Editor's preface above. 

2 This word is used in tlie text, but is crossed out and the word " used '" substi- 
tuted therefor. The change was apparently made by some one other than the 
person who recorded tlie document. — Editor. 



4 Executive Journal of Iowa [1838 

I will start in a few days to the Territory of Iowa, and 
shall, on my arrival proeeede fortliwith, to the discharge of 
the duties of my appointment. 

I have the honor to Ije 

with sineer Respects 
Youi' Ob!' Ser' 
(Signed) Robert Lucas 



IMecoviled Inj X ] 

Proclamation 

Wliereas, by an act of Congress, entitled an act "to divide 
the Territory of Wisconsin and esta]_>lish the Territorial 
government of Iowa," approved on the 12th day of June, 
1838, it is enacted and declared, that temporarily and till 
otherwise provided Ijy the Legislativ[e] Assemb[l]y, the 
Gove [r] nor of the Territory of Iowa may define the JuJi- 
cial Districts, of said Territory and assign the Judges who 
may be ajiipointed for said Territory, to the said Distiicts, 
and also aj^point the time for holding Courts in the several 
counties in each District, by proclamation to be issued by 
him." 

And whereas it is also provided, in the act of Congress 
above cited, that the said Territory of Iowa "shall be divided 
into three judicial districts, and a district couil:, or courts, 
shall be held in each of the three districts, by one of the 
Judges of the Supreme Court; and whereas the necessity of 
an immediate compliance with the reijuirements of the act 



1838] Acting- Governor Wm. B. Conway 5 

of Congress, aforesaid, as regards the organization of the 
Territory of Iowa for Judicial purposes, is sufficiently appar- 
ent, therefore, I, "William B. Conway, acting governor of 
Iowa, for the time being, by virtue of the power and author- 
ity in me vested by the act of Congress aforesaid do appoint, 
direct and declare, that temporarily, and until otherwise pro- 
vided by law of the Legislative Assembly, the counties in 
said Territory which have been already organized for Judi- 
cial purposes, shall be divided into three districts, as follows : 

1. The counties of Clayton, Du Bmpe, Jackson and 
Cedar, shall form and constitute the first Judicial District, 
which is hereby assigned to the Hon. Thomas S. Wilsox. 

2. The counties of Scott, Muscpiitine, Louisa, Slaughter 
and Johnson, shall form and constitute the second Judicial 
District, which is hereby assigned to the Hon. Joseph Wil- 
liams. 

3. The counties of Lee, Van Buren and Des Moines, 
shall form and constitute the third Judicial District: which 
is hereby assigned to the Hon. Charles Mason, Chief Jus- 
tice of the Territory of Iowa. 

And it is further directed and declaired, that the courts 
in the several counties of the districts, thus temporarily 
established shall be held as follows : — 

l^.t DISTRICT 

In t'layton county, on the 2'^ Monday in September next. 
Du Buque, V^ Thursday after said second Monday. 
Jackson, 4'? Monday in September, and Cedar, 1'*' Mon- 
day in October. 



6 Executive Journal of Iowa [isss 

•2"'' DISTRICT 

In Scott cciunty, l**' Thursday after the first Monday in 
October next. 

Mu8r|iiitine, 2°'' M(.)uday in (Jctober. 

Louisa, 3"' Monday in (October. 

Slaugliter, 4'.'" Monday in (Jctol;>er. 

Johnson, 1*.' Thursday, after the 4"' Monday in October. 

S"' DISTRICT. 

In Lee county, P' Mouda}^ in Xnvenilier next. 

A'an Buren 2"'' M(aiday in Xovemljer. 

Henry, 3'-'' Monday in Xovemljer. 

Des Moines, 4"' Monday in Xovember. 

Given under my liand and seal, at the city of Burlington, 
this the 25"^ day of July, in the Year of (lur Lord one thou- 
sand eight hundred and thirty-eiglit, and oi the independ- 
ence of the United States the Sixty third. 

W-^^ B. OoXWAY 

Acting governor of the Territory of Iowa. 



-Rrrur.lulhy X. 



r)e\-enport Territory of Iowa 
August .5. 183S 
To W'^i B. Slaughter Esq^ 

Sec. of "NMscousin Territory 
Sir, 

As soon as it may comport with yi>ur otiicial 
convenience, have the gonduess to transmit to the under- 



1838] Acting Governor Wm. B. Conway 7 

siguexl at tliis place, a list of the present officers of that por- 
tion of the late Ten'itory of Wisconsin which lies west of 
the Mississippi river, confining the statement to those officers 
who derived their appointments from the Governor and 
Legislativ[e] xissembly; together with any other informa- 
tion which your experience may obligenly suggest, as neces- 
sary to enlighten the undersigned in the performance of his 
duties, as Secretary and Acting Governor of Iowa. 

And if there be in your possession any papers documents 
or records, belonging of right to this portion of the Terri- 
torial jurisdiction, which was divided, by act of Congress 
on the 3'? of July last, you Avill also enclose them to the 
undersigned, who Avill acknowledge the receipt of the same, 
and acknowledge the obligation which your promptly polite 
attention will thereby impose. 

Very respectfully 
Yt)ur Ob' Serf 

^y^ B. CoxwAY 

Acting Governor of Iowa Territory. 



[Becoi-ded hy X ] 

Devenport, Territory of Iowa, 
August 6, 1838 — 
To Hox. Joseph Williams, 

Dr. Sir, 

Your letter, dated at Chester 
Pennsylvania, July 7*^ did not reach me until the evening 
of yesterday. You enquire, relating to the necessity of 



8 Executive Journal of Iowa [183S 

your presence iii this Temtory, -will lie fully answered, by 
my Proclamation of July 25, which you will find in the 
'■'■ loira Sun'' of the -t"' inst. a copy of which is herewith 
transmitted. — 

Your District which is enumirated the "Second Judicial 
District" is as regards geographical position, the middle 
District, and altho. it comprehends one county more than 
the first and third Districts, it has at this time the least 
amount of business, and is in many other respects, accord- 
ing to my opinion by far the most desiral.)le District in the 
Territory. — Your presence here will be necessary in the first 
week of -Octoljer next. 

With very respectful consideration, 
I remain your <Jb' Ser* 

^\^' B. COXM-AY 

Actino- Governor of Iowa. 



[^Recorded by X ] 

Burlington Territor}' i if Iowa 
August 14. 1838 — 
To the Hcix. Johx Forsyth, 

SectT of State for the United States. 

Dr. Sir, 
(_)wing to some deploraljle mismanagements of the mails 
of this quarter, ( of which the undersigned intends to advise 
Mr. Kendall) your communication to the Goveruor, or, in 
Lis absence, of the secretary of Iowa, enclosing an act of 
Congress, approved on the 18"' oi June 1838, relating to 



1838] Acting' Governor Wm. B. Conway 9 

the adjustment of the disputed boundary line between this 
TeiTitory and the state of Misoura, was not received until 
this day. — 

The communication of which reference has been made, 
bears date the 28'." of June 1838, and is addressed to His 
Excellency Henry Atkinson of whose declination your de- 
partment has been already advised.^ 

The undersigned has also received and acknowledged the 
receipt of a communication from Mr. Alljert M. Lea, the 
Commissioner on the part of the United States, and in rela- 
tion already stated dated at Washington City, on the 5'? 
day of July 1838, setting forth that he would be at St. 
Louis on or before the first day of August inst., prepaired 
to receive any communications relating to the object of his 
appointment, whicli the Governor of this Tenitory should 
think proper to transmit. 

In presence of the acknowledged importance (,)f the ques- 
tion at issue between the state of Missouri and this Terri- 
tory, the undersigned cannot satisfy himself of the propriety 
of appointing a Commissioner, on the part of the Territory 
of Iowa, without having sufficient time to luake a judicial 
choice. It is the earnestly expressed wish of the people of 
this Territory, in which the undersigned as e[a]rn[e]stly 
participates, that a Commissioner, on the part of Iowa, 
should be appointed, and be present, at the adjustment of 
the disputed Ijoundary. — 

And in as much as your letter of instruction of the 28'" of 
June, is understood to exclude only the idea of ^'unneces- 

1 General Atkinson had been offered the position of Governor of the Territory 
of Iowa prior to the appointment of Robert Lucas. — Editor. 



10 Executive Journal of Iowa [1838 

sar^l delaij^'' M'' Lt-a has Ijeeu diih' advised, by the under- 
signed, in a letter rif this date, and the same information is 
hereby communicated tn the Department of state, and a 
simihw assurence ( als<.> of this date ) has been given t(i the 
Governor of Misscairi, that a Commissioner, ou the part of 
the Territory of loAva, will be appointed ^'■ivithout unneces- 
sary (lelay^^ by the undersigned (should Governor Lucas or 
another successor, m it arrive ) i if which appointment the 
parties just named shall be duly infcirmed. 

Mr. Lea has therefore, been recpiested to suspend his opera- 
tions as a Commissioner on the part <if the United States for 
a short while, until a Commissioner shall have been appointed 
in this Territory, which appointment is now intended, with- 
(lut the least desire to occasion unnecessary delay. — 

With respectful consideration the undersigned has the 
li(_inor to subscribe himself 

Your very ( )1j' Ser? 

W^' B. Co^-WAY 

Actiug Governor of Iowa Territory. 



\R,r,rnl.:,l In, X. ] 

Executive Department 

Bui'Iingtiin Territory of Liwa 

August 14, 1838— 
To His Excellency 

L. W. B..GGS 

Governor (>f Missouri. — 
Dr. Sir, The undersigned has this day had the honur to 



1838] Acting Governor Wm. B. Conway 11 

acknowledge the receipt of a communication from the Hon- 
orable John Forsyth, Secretary of State for the United 
States, accompanied Ly the act of Congress of June 18* 
1838, — Avhich authorizes and provides for the settlements 
of the boundary line between the State of Missouri, and the 
Territory of Iowa. 

The undersigned -sA'ould therefore respectfully inform your 
Excellency that the ajjpointmeut of a Commissioner on the 
part of this Territory is intended; and will l)e made with 
all the dispa[t]ch which may comport with the admitted 
importance of the question at issue. 

The Commissioner of the part of the United vStates has, 
therefor been rerpiested to suspend proceedings in the prem- 
ises until the intended appointment, on the part of this 
Territory should have been made, in which reipiest your 
Excellency is respectfully invited to concur. And the obli- 
gation will be thankfully acknowledged, if the information 
be given whether a Commissioner on the part of Missouri 
has been or will be appointed; and if already appointed, 
your Excellency obligingly intimate whether a suspension 
of proceedings will be ordered, on your part, until proper 
and sufficient time shall have been allowed to appoint a 
Commissioner to superintend the interests of the Territory 
of Iowa in a controversy which the undersigned hopes can, 
and will be, disposed of in a manner which will be in accord- 
ance with the equity <)f the case. And in the disposition of 
this (juestion assurances of the kindliest feelings, on the 
part of the iindersigned, are freely and sincearly given; and 
so far as the intentions of the people of this Territory have 



12 Executive Journal of lo^va [isss 

been aseertaiued in the matter, we kiiciAv to accord with an 
approved maxim of modei'n diph)macY, that is, "to demand 
nothing but M'hat is cleai'ly right, and submit to nothing 
that is wrong," — iu which the undersigned avows his ready 
concur [r]euce, accom^ianied by an e[a]rnest expression of 
the very respectful consideration with which he remains 
Your Excellency's 

Ob' Ser' 

W'l B. Conway 
Acting Governor of the Territory of Iowa 



[Jiecnr<7tJ />)/ X. 



Burlington, Territory of Iowa 
August U. 1838 
To Albert M. Lea Esii'' 

Commissioner for the United States to adjust the 
southern boundary of the Territory of Iowa. 

Sir, 
Your communication 
dated at Washington City, on the 5"' day of July last, inform- 
ing the Governor of the Territory of Iowa that you would 
be at St. Louis on or Iiefor[e] the P* day of August inst. 
prepaired to proceede to tlie purformauce of your official 
duties, as Commissioner on the part of the United States, in 
adjusting the southern bmindary of this Territory, was not 
received until this morning; "What may have occasioned the 
delay, is not comprehended ])y the undersigned. — 



1838] Acting Governor Win. B. Conway 13 

Acommunieatioii from the Honorable, the Sec'>' of State 
for the United States, was also received (in connection A^-ith 
the subject of yours of the 5*? July) which was dated on 
the 28'.'' of June, accompanied by the act of Congress, ap- 
proved June the IS'?' in accordance with the provisions of 
which your official action is required. 

The undersigned has respectfully suggested to the Depart- 
ment of State, the difficulty of selecting a Commissioner, 
without some little time and reflection, to superint[e]nd the 
interest of this Territory in the adjustment of a C[uestion of 
such acknowledged imp<;)rtauce., But, this appointment is 
intended, and will lie made without unnecessary delay; of 
which the Com!' on the part of the United States will be 
duly advised. A communication is also made this day by 
the undersigned, bearing on this subject to the Governor of 
Missouri; and made the fullest assurance that the appoint- 
ment of a Commissioner on the part of this Tenitory is in- 
tended, and will be made with all convenient and proper 
despatch the Com'' on the part of the United States is 
hereby requested to suspend proceedings in the premises 
until an appointment can be made with deliberate judgment 
which the magnitude of the case requires. 
Very respectfully 

Your Ob' Ser' 
W^^^ B. Conway 
Actino- Governor of Iowa Ter. 



14 Executive Journal of Iowa [1838 

[R,r.,nhJh,i X ] 

Proclamation — 
Executive Department of the Territory of Iowa 

Know Ye, That I Robert Lucas (Tovernoi' of tlit Tevri- 
toi'if of luit'u^ l)y viitue (jf the power vested in me by an 
act of Congress, passed mi the 1'2"^ day of June, A. D. 
1838, enti[t]led "An Act t<j <]lri'k the territory of Wis- 
consin, and e^tablhli- the Territorial gdvernment <:>f Liwa" — 
do hereby proclaim and declare that I have in pursuance of 
the provisions of the -l"" section of the [act]^ of Congress 
aforesaid apportioned the uumljers [meml>ers] of the Coun- 
cil and House of Representatives amongst the several coun- 
ties of the Territory as follows, viz: — 

The County of Des Moines three members of the Coun- 
cil, and five mem))ers (if the House of Representatives. 

The county of Lee one memlier (.)f the Council and four 
members of the LEouse of Representatives. 

The county of Henry tAvo meml.iers of the Council and 
three members of the House of Representatives. 

The county of Van Bui'eu two members of the Council 
and tliree memliers of the House of Representatives. 

The counties (if L(juisa, Muscpiitine and Slaughter and 
tlie country lying west of, and attached to the county of 
Slaughter for judicial purposes shall form an election dis- 
trict and elect (_>ne memlier of the Council, and four mem- 
bers of the House of Representatives. 



'This wonl appears to have been inserted later as a correction. — Ehitor. 



1838] Governor Robert Lucas 15 

The counties of Johnson, Cedar Jones and Linn shall 
form an election district and elect one member of the Coun- 
cil, and one member of the House of Representatives. 

The counties of Scott and Clinton shall form an election 
district and elect one member of the Council and two mem- 
bers of the House of Representatives. And the counties of 
Jackson, Du Buque, Delaware, Buchanan, Fayette and Clay- 
ton, shall form an election district, and elect two members 
of the Council, and four members of the House of Repre- 
sentatives. And I do further order and direct, that the first 
Election of the said members of the Council and House of 
Representatives shall be held on the second Monday of Sep- 
tember next ensuing; and that the sheriffs of the several 
counties within said territory shall, within their several 
counties give at least ten days previous notice of holding 
said election, by publishing the same in one or more news- 
papers in each of said counties, if any newspaper be pub- 
lished therein, or by putting up at lea[s]t five written or 
printed notices in each and every precinct in each of said 
counties. And it is further ordered and derected^ That the 
election to be held for members of the Legislative Council 
and House of Representatives as aforesaid, shall in all re- 
spects, be held conformable to the provisions of the act of the 
Territory of Wisconsin, providing for and regulating general 
elections in said territory, passed January 17'?^ 1838 so far 
as the provisions thereof may not controvene or be incom- 
patible with the organic law of the said territory of Iowa. 
And I do also direct and appoint^ That at the same time 
and place and manner above specified for electing the mem- 



16 Executive Journal of Iowa [1838 

bers of the Legislature, there shall be elected, by the (Quali- 
fied voters of the several counties, Que delegate to the Con- 
gress of the United States under the provisions of the 14'.'' 
section of the act of Congress of the 12'?^ of June 1838, 
establishing the teri'itorial government of Iowa. — And if is 
further directed and especially E^^TOINED on the Clerk of 
the boax'd of County Commissioners of each county, respec- 
tively to make out as soon after the election as practicable 
a certified abstract of the votes in his county for delegate to 
Congress; Also an abstract of the votes given for Council 
and Representatives and to transmit the same by mail to 
the Governor of the Territory at Burlington. 

In testimony whereof I have hereunto set my 
hand and aflixed my seal, this 15"' day of 
August 1838. __^ 

RoBEKT Lucas Jseal} 



[Recorded by X. 



Robert Lucas, 
Governor of the Territory of Iowa. 

To all who shall see these presents Greeting Know Ye, 
That reposing special trust and confidence in the integrity 
and ability of James Davis of Des Moines county, I have, 
by virtue of the authority vested in me by an act of Con- 
gress entitled an "act to authorize the President of the 
United States tii cause the southern boundar}* line of the 



1838] Governor Robert Lucas 17 

Territory of Iowa to be ascertained and marked" approved 
June 18'? 1838, appointed him Comr on behalf of the Ter- 
ritory of Iowa to meet in conjunction Avith the commissioner 
that may be appointed by the President of the United 
States, and the state of Missouri in pursuance of the pro- 
visions of the act of Congress aforesaid, and do authorize 
and impower him to execute and fulfil the duties of that 
office according to law, and to have and to hold the said 
office with all the powers privilages and emoluments thereto 
of right appertaining unto him the said James Davis until 
the duties specified in the act of Congress aforesaid shall 
have been performed. 

In testimony whereof I have caused the seal 
of the Tenitory of Iowa to be hereunto affixed 
(private seal the public seal not yet procured) 
given under my hand at the City of Burling- 
ton, the P' day of September, in the year of 
our Lord one thousand eight hundred and 
thirty eight, and of the Independence of the 
United State of America the sixty thiixl. 
By the Governor Robert Lucas 



[JRecorded by X ] 

Robert Lucas, 

Governor of Iowa Territory 

To all who shall see these presents Greeting. 

Know Ye, That reposing special tiTist and Confidence in 
the integrety and ability of Isaac Van Allen of Hemy 



18 Executive Journal of Iowa 1838] 

Couuty, I have by virtue of tlie autlicnity vested in me by 
an act of tlie Council and House of Representatives of the 
Tenitory of AVisconsin entitled an act for the partition o£ 
the haK breed lauds approved January 16'.'^ 1838, appointed 
him Commissioner to fill the vacancy in the Ijoard created by 
the second section of the act aforesaid, caused by the resigna- 
tion of Thomas S. Wilson, and do authorize and empower 
him to execute and fulfil the duties of that ofiice according 
to law, and to have and to hold the said ofiice with all the 
powers privilages and emoluments thereto of right apper- 
taining unto him the said Isaac Van Allen until the duties 
S]:)ecified in the act aforesaid shall have been performed. 

In testimony whereof I have caused the seal 
of the territory of Iowa to be hereto afiixed.^ 
Given under my hand at the City of Burling- 
ton the 1^' day of September 1838, and of the 
Independence of the United States of America 
sixty third 
By the Governor. Eobert Lucas. 



Executive Department Iowa Ter^ 
City of Burlino-t,-,n Sep' 1. 1838 
Sir, 

In discharge of the duties reipiired of me as Governor of 
Iowa Territory, l)y the 18"' section of the act entitled "an 



1 On the margm the following words are written in pencil: 'Trivate seal the 
public seal not having yet arrived."- — Editor. 



1838] Governor Robert Lucas 19 

act to divide the Tenitoiy of Wisconsin and to establish 
the temtorial government of Iowa", approved the 12'.'' of 
June 1838, I have made out a catalogue of books for the 
library of the Territory, and have put in the hands of an 
agent at Cincinnati Ohio, to make the purchases for me, 
and will in a few days draw a bill on the Treasury Depart- 
ment in favou[r] of my agent for the full amount of the 
appropriation made for the purchase of a Library for this 
Territory. 

I have thought this course to be advisable as the Books 
could be purchased upon much better terms in the eastern 
cities than in the west. 

The other approj^riations made for the use of the Ter- 
ritory, it would be most convenient for us to receive in war- 
rants or drafts on the land offices in the Teiiitory particu- 
larly the land offices at this city (Burlington.) Will you 
be pleased to express to me the -^-ishes of the Treasury 
Department on this subject, and inform [me] ^ in what man- 
ner it would be most conveni[e]nt for the Department to 
pay the salaries of the officers of the Tenitory, the appro- 
priation for the Governor s contingent fund, and for the 
expenses of our Legislature. 

With sincere respects 

I am Your Ob' Ser' 

Robert Lucas 
Hon. Levi Woodbury 

Sec'.'' Treasury U. S. 



1 This correction is made in pencil in tlie test. — Editor. 



20 Executive Journal of Iowa [1838 

[llec„nh:J hy X ] 

Executive Department Iowa Ter. 
Burlington, Sept. 3" 1838 
Sir, 

In pursaant-e cif the })r(;)vision8 (_»f the act of Congress 
of the IS*?^ of June 1838 entitled "an act to authorize the 
President of the United States to cause the southern bound- 
ary of the Territory of Iowa to be asscertained and marked" 
I have appointed Doctor James Davis of Burlington a com- 
missiouei' on liehalf of the Territory of L>wa, to act in con- 
junctiun with tlie ci_)nimissiouer app(.tinted by the United 
States, and such commissioner as may be appointed by the 
state of Missouri, in surveying, ascertaining and marking 
the southern boundary line of the Territory of Iowa, in 
pursuance of the act of Congress aforesaid. 

Will you do me the favour t(.) inform me Avho has been 
( if any may be ) appointed Com!" on the part of Missouri, 
and when and where in your opinion, it would be most con- 
veni[e]nt, for the Commissioners [to]i meet. 
With sincere Respect 

I am Your (Jb' Ser' 

Robert Lucas 
His Excellency L. W. Boggs 
Governor of Mis[s]ouri. 



This word was evidently inserted at a later time. — Editor 



1838] Governor Robert Lucas 21 



[Mecorded by -Xl 



Executive Department Iowa Ter^ 
Burlington, Sep' 3'^ 1838— 
Sir, 

Your letter from Easton Maryland of July 28'? was 
duly received. 

Doctor James Davis, of Burlington, in Des Moines coun- 
tiy,^ has been recently appointed a Commissioner on behalf 
of the Temtory of Iowa, to meet in conjunction with your- 
self, and a commissioner to be appointed by thestate of Mis- 
souri, in run[n]ing, marking and ascertaining the southern 
Boundary line of the Temtory of Iowa west of the Missis- 
sippi River, which divides said Tenitoiy from the state of 
Missouri, in pursuence of an act of Congress of the 18'" of 
June 1838, authorizing the President of the United States 
to have the southern boundaiy line of the Temtory of Iowa 
ascertained and marked. 

Dr Davis -ndll be prepaired to meet you at such time and 
place as you may designate. 

With gi'eate respect 

I, am, your Ob' Ser? 
To KoBERT Lucas 

Albert M. Lea Esq? 
Com'' &c. 

St. Louis Missouri. 



1 This should have been written " county." — Editor. 



22 Executive Journal of Iowa [1838 

[Beconh'd by X ] 

Executive Department, Iowa. Ter. 
Burlington Sep' 5. 1838— 
Sir, 

Your communication of the 28'!^ of June last transmit- 
[t]ing a copy of an act of Congress approved, IS'?" of June 
1838, To "Authorize the President of the United States to 
cause the southern Boundary line of the Territory of Iowa, to 
be designated and marked" M'as handed to me a few days 
since by Mr. Conway, who informed me that he acknowd- 
edged its receipt previous to my arrivel in the Territory. 

I have noAv the honor to report to you, that on the 1^' 
Inst James Davis Esq!^ of this city was appointed and com- 
missioned by me, a Commissi<:iner to act on the part of the 
Territory of Iowa, under the provisions of the act of Con- 
gress aforesaid. 

I this day received a letter from A. M. Lea Escj!' United 
States commissioner dated St. Louis the P.* Int. informing 
me of his arrival at that city. Mf Lea has been informed 
of the appointment of a commissioner on the part of Iowa 
Territory, and that he would be ready to meet the other 
com? at such time and Place as might be designated. 
With sincere respects 

I am. Your Ob' Ser? 
To the Robert Lucas 

Hon. John Forsyth 

SectT of State Linited States. 



1838] Governor Robert Lucas 23 

[Jieco)-ded hy X ] 

Executive Department, Iowa Tenitoiy 
Burlington Sep' 5. 1838. 
Sir, 

I acknowledge the receipt of your communications of the 
1^.' Inst, at St. Louis. 

A communication in answer to your[s] of the 28'!^ of July 
was forwarded (from this office) by mail on the 3? Inst. 

Dr. James Davis Commissioner on the part of Iowa Ter- 
ritory will correspond with you as to the time of meeting <fec. 
Very respectfully 

Your Ob- Sert. 



Robert Lucas 



A. M. Lea Esqr 
Com? <fec 

St. Louis Mo. 



[Recorded hy X ] 

Executive Department, Iowa Ter. 
Burlington, September 5. 1838. 
Dear Sir, 

I have after examining all the principal towns in 
the Territory, determined on this place as the most conven- 
ient for the temporary seat of government, and have deter- 
mined on locating here until the seat is fixed by the Legis- 
lature. 

I have procured me an office and have bespoke an adjoin- 



24 Executive Journal of Iowa [1838 

iug ro(:)m as an office for you, as it will be convenient to 
have the executive office near the SectT 

I would be glad to see you at this place. I am anxious 
to commence official duties in a regular manner, which can- 
not be done until the Sect^ is present. 

I will assemljle tlie Legislature about the l'^' Monday of Xo- 
vember, and it will 1 )e necessary before that period to procure 
stationery for their use and the funds for their payment. 

I have thought that the stationa[r]y as well as the stamp 
press for the seal could Ije purchased upon better terms in 
Cincinnati than at any other place. M'" Parvin expects to 
start for Cincinnati in a few days, and would attend to the 
purchase of statiouai'y and such other articles as might be 
wanting for the Territory should you see proper to auth(ir- 
ize him to do so. 

With sincere respect 

I am. Your Olj* Ser* 

Robert Lucas 
W*^ B. Cojs'WAY Es<i. 

Sect^ L T. 

Deveupoit. 



[RMorded by X. 



Executive Department Iowa. Ter 
Burlington, Sep^ (5, 1S38 
Sir, 

I have this day drawn on your Department in favour 
of T. S. Parvin or order for §5,000 — being the am' of the 



Governor Robert Lucas 



appropriation of Congress by act of tlie 12'?^ June 1838 for 

procuring a library for this Territory. 

Respectfully Sir, 

Your Ob' Ser' 

Robert Lucas 
Levi Woodberey Esq 

Sectv Treasury United States. 

Washington, City. 



[^Recorded by A' ] 

Executive Department Iowa Territory 

^5000. Burlington, Sep' 6, 1838. 

The Secretary of the Treasur}- (if the United States will 

pay to T. S. Parviu or order Five thousand dollars — The 

amount of an appropriation made by an act of Congress of 

the 12'^ June 1838 for the purchase of a Library for the 

Territory of Iowa. 

Robert Lucas 

GovF of Iowa Ter. 



\_Recorded by X_ 



Executive Department 
Iowa Territory, Burlington Sep!' 6, 1838 
Dear Sir, 

On my return to this city from Du Buque I received 
your letter of the 13'?' of August. Your suggestion with 
regard to adding Johnson, and other reports to the law list 



26 Executive Journal of Iowa [1838 

as well as an addition to the Medical Books meets my entire 
approbation, slionld the fund be sufficient to procure them. 
I would like to have included in the Library such works as 
have been published relative to the Indian character, Their 
Pr)i1:raits biographies ifcc. Also a complete set of element- 
ary school Books, such as have been approved by the col- 
lege of teachers of Cincinnati, and a more general assort- 
ment of standard Theological books, embracing some of the 
standard works of all denominations of Christians, as well 
as the Mahomitan Koran. I also wish to have purchased 
for the Library a manuscript v(.iluni[e] containing the 
Township Plats of all the surveys lands in this Territory. 
This volum[e] can can be had of M^ Morrison in the Sur- 
veyor Generals (Jffice. 

Sir, I am perfectly willing to submit to your judgment in. 
filling the catalogue of Books for the Library to the am' of 
?4000. including your per centage. 

Y<:iu will please marke the cases Gov? R. Lucas to the 
care of John S. David Burlington, Iowa Territory. 

This letter will be handed to you by Mf Pa[r]vin my 

Private Secretary. He has been furnished with a check on 

the Treasury Department, and will make arrangements to 

have the funds ready as soon as the Books are forwarded. 

With sincere respects 

I, am. Your Ob^ Ser? 

Robert Lucas 
Edward Lucas ifc Co. 
Booksellers 

Cincinnati Ohi(_>. 



1838] Governor Robert Lucas 27 

[liecorded hi/ Jl ] 

Executive Department 
Iowa Ter. Burlington Sep? 6. 1838 
Dear Sir, 

On my return to this city from Du Buque, I received 
your kind letter of tlie 14''^ of August, and for your friendly 
assistance in selecting Books for our Library I siucer[e]ly 
thank you. 

I have written to E Lucas & co. and have requested him 
to include the Books suggested by you. 

Mr Parvin who acts as my private secretary will hand 
you this letter. He visits Cincinnati for the purpose of 
procuring stationary and some other articles that are want- 
ing in the Tenitory, and will attend to having such books 
forwarded as may be procured. I would be thankful for 
any ad^dce or assistance that you may render Mr. Parvin in 
selecting the articles he may wish to purchase. 

Our election take[s] place on Monday next, and the first 
Legislature will be assembled at this place about the first 
Monday of November. 

AVith sincere respects 
I remain 

Your Ob' Ser? 

Robert Lucas 
E. S. Haixs Esq^ 

Surveyor General 

Cincinnati, Ohio. 



28 Executive Journal ol Iowa [1838 

\_FuconhJh,,X ] 

Executive Department, Iowa, Ter. 
Biirliugton Oct. -i. 1838 
Sir, 

I have just received and examined y(jur letter of the 
28'.'" ITlt?. In which you state that you received more votes 
for Representative than any other candidate in your district; 
but that a number of Votes in which your name was not 
written at lengtli were rejected or tlirown away, and re(|uest- 
ing me to inform you ( if the number were sufficient to throw 
you Oout) the name of the candidate that would be elected 
in your stead. 

Sir, in compliance -^^'ith your request I will give you a 
coiTect statement of the \-otes as certified to me by the 
clerk of the Ijoai'd of G<;)mmissionei's of Scott county. It is 
as follows. — Abstract of votes given for memliers of the 
House of Representatives of the Territory of Iowa, in the 
election district composed of the counties of Scott and Clin- 
ton at an Election held in the said counties on the 10'" of 
September A D. 1838. 

F<.ir Jabaz A. Burchard (Jne hundred ninety three — 193 
" LaureP Summer Two hundred tt thirty one — 231 
" Sam' R. Murry Two hundred A: Elev[e]n — 211 
" George AV. Harlin Two hundred ife three — 2t»3 
" Jabez A. Burchard Jr. Fift}' nine — 59 

From the abstract you will perceive that Mr'^''* Summer 
and Murry has the highest number of votes as returned to 



This was first written " Sauauel," but was corrected. — Ehitoe. 



1838] Governor Robert Lucas 29 

me; but if tlie votes returned for Jabez A Burcliard and 
Jabez A Burchard Jr. were all intended for you, it would 
give you the highest vote of any candidate. Of this I am 
not the competent judge, as I have no authority to question 
the coiTectness of the returns othcially transmitted to me. 

With regard to contesting a seat of a member of the 
Legislature, and the manner of conducting such contest, I 
consider that I would be travelling out of my appropriate 
sphere of duty, as Executive to express my opinion on the 
subject, as each branch of the Legislature are the judges of 
the qualifications of its members. 

You will perceive by the Organic laAv that it is made the 
duty of the Governor to apportion the number of Council 
and Representatives and to direct the first Election to 
be held at such time and place, and to be conducted in 
such manner as he shall appoint and direct; and that it is 
made his duty to declair the person or persons having the 
highest number of votes for council or Representatives in 
each county or district to the number such county of district 
may be entitled, to be elected; wdth a provision to order a 
new Election when there is a tie between two or more per- 
sons voted for to supply the vacancy made by such tie. 

The foregoing is the extent of the powers vested in the 
executive by the Organic law, relative to the first Election. 

By examining the Proclamation of the 15'? of August, 
ordering the election you will perceive that the election was 
directed to be held in all respects conformably to the pro- 
visions of the election law of Wisconsin, so far as the pro- 



30 Executive Journal of Iowa [1838 

visi(ius thereof might not c-outrevene, or be incompatable 

with the Organic hiw of the Tenitory of Iowa. 

With sincere respect 

I am Your Ob' Ser' 

RoBEKT Lucas 
Jabez a Burchard Jr. Esq'' 

Pleasant Valley 

Scott CO. Iowa. 



[Recorded hy X_ 



Executive Department loA^'a Territory 

Burlington, Oct. 4, 1.S3S. 
Sir, 

By last evenings mail, I received your letter of the 26'? 
Ult? — also a communication containing the affidavits of B. 
Rodefer and others, complaining of the inelegibility of 
Thomas Cox, to a seat in the House of Representatives of 
the Legislative Assemljly of this Territory. I also, received 
a communication some days since, dated the 20'? ITlt? signed 
by N. Jefferson and others, containing a similar complaint. 
In answer to your eucjuiiies, I can only sa}' that, I regret 
that any cause of dis[s]atisf action should arise, as to the 
cpialification of any member returned elected to a seat in our 
legislative Assembly, but it would be travelling entir[e]ly 
out of my appropriate sphere of duty as Executive, for me 
to express any opinion with regard to the eligibility of any 
person that may be returned as a mendjer elect, to a seat in 
either branch of the legislative Assendjly of the Territory, 



1838] Governor Robert Lucas 31 

as each brancli has the legitimate right to judge as to the 
qualification of its own members. 

The subject complained of, in your communications, is 
one that rests between the person returned elected, and his 
constitutory, and as executive, I have no right to question 
the correctness of the returns of any election that may be 
ofiicially transmitted to me in pursuance of the Organic law 
of the Territory, and the Proclamation of the 15'^ August 
issued under it. 

This being the case you will perceive the impropriety of 

my expressing any opinion, with regard to the qualifications 

of persons returned, as memljers elect of a coordainate 

branch of the government of the Territory. 

With sincere respect, 

I am, Your Ob' Ser' 

Robert Lucas 
James K. Moss Esqr 

Clerk district Court of Jackson 

County Iowa, Tenitory. 

l^Hecorded hij X ] 

Executive Department 

Iowa Tenitory 

Burlington October W^ 1838 — 
Sir, * 

Your letter of the S'*^ of September last, requesting me 
to transmit to the Tereasury Department the usual estimates 
for the expences of the Legislative Assembly for the year 
1839, was received by last nights mail. By the post 



32 Executive Journal of Iowa [isss 

marke on the letter it ap^iears to have been sent to Madison 
Wisconsin Territory. The seat of government of Iowa Terri- 
tory is for the present at Burlington, to Avhieh place I wish all 
communications intended for the Executive of the Territory 
of Iowa to be directed. From some cause (unknown to me) 
there is an extraordinary delay in the conveyances of letters 
from the east to this Territory. We fi'equeutly receive 
newspapers before letters mailed at the saiue office at the 
same time, and in one instance we rec';' a volum[e] of statute 
Laws two weeks before we received the letters that was 
mailed at the same time and place and was doubtless in- 
tended to accompany them. This delay in the transmission 
of letters I presume must be owing to a mis direction given 
to them at some of the distributing post offices. 

The most direct rout[e] from Washington to this place 
would be by C^:)luml>us Ohio — Terre Haut in Indiana and 
Pe<:)ria in Illinois But lettei'S that come by the way of St. 
Louis are freipiently receiA'ed sooner than they are hy any 
other rout[e]. 

As soon as I can procure the necessary information to 
enaljle me to make out a correct estimate of the expences of 
the Legislative Assembly for 1839, it shall be forwarded. 

The first Legislative Assembly for this Territory will 

commence in this place on the 2*;' Monday of November next. 

With sincere respect 

I am, Your Ob' Ser!^ 

Robert Lucas 
Tho® S. Smith Esq? 

Register Treasuiy U. S. 

Washington City. 



1838] Governor Robert Lucas 33 

\_Recorded by X ] 

To all to ivhom these presents may come Greeting. 

I, Robert Lucas, Governor of the Territory of Iowa, 
Do hereby certify, that William W. Chapman, was duly 
elected, a delegate to the House of Representatives of the 
United States, (as provided for by the 14'.'' section of the 
act of Congress, approved June 12"" 1838 entitled "an act 
to divide the Tenitory of Wisconsin, and to establish the 
Territorial government of Iowa") at an election held in the 
several counties in said Territory on the lO"" day of Sep- 
tember 1838 — pursuent to an executive Proclamation for 
that purpose: The said William W. Chapman having re- 
ceived the greatest number of votes, of any person voted 
for at said election, as appears by the official abstracts of 
votes transmitted by the proper officers of this Department. 
In testimony whereof, I, have hereunto sub- 

,._jk_.^ scribed my name and affixed the seal of the 

■j SEAL >• Tenitory to these presents, (private seal as 

the public seal for the Territory has not yet 
been procured) 

Done at the city of Burlington, in the Tenitory of Iowa, 
this eighteenth day of October, in the year of our Lord One 
thousand eight hundred & thirty eight, and of the Inde- 
pendence of the United States the sixty third. 

(signed) Robert Lucas — 



34 Executive Journal of Iowa [1838 

[Recorded by X ] 

Executive Department 
Burlington Iowa Tenitory — 
Oct. 19. 1838 
Gentlemen, 

Your oiiicial communication of the 3*^ Inst, inform- 
ing me, that you had two hundred dollars, in the county 
Treasury of Cedar county, and recjuesting me to appoint 
commissioners, to fix the county seat of said county, under 
the provisions of the act of the Legislature of Wisconsin, 
passed June 22'* 1838 — entitled "an act to locate the seat 
of Justice of Cedar county" — was handed tn me, a few 
clays since by Mr. Warfield. 

When your communication was handed to me, I had never 
seen the law refer [r]ed to in your communication, neither 
could it be had in this place. I this day received a copy of 
the act, which was transmitted to me Ijy IVIr. Wai'field from 
Fort Madison. On examining the act, I find it had expired, 
as the 3*? section of the act declaired that " the commission- 
ers should, on the first Monday of September next (after 
the passage of the law) meet in the Town of Rochester in 
Cedar County and piYjceede forthwith to examin[e] and 
locate a suitable place for the seat of Justice for said 
county" tfec 

There is no provision in the law for the Commissioners 
to meet at any other time than the first monday of Septem- 
ber, and as that time is past, the law is of course inoper- 
ative, and any commissioners that might now be appointed 



1838] Governor Robert Lucas 35 

under it, would have no authority to act, or if they did their 
acts would not be valid. 

I am well aware, of the anxiety that you must feel to 
have your county seat established, and regret, that the law 
has become inoperative. — but the difficulty can be remedied 
by our Legislature which will ineet on the 2? Monday of 
next month. 

Any thing that I can legally do to promote the prosperity 
of any part of the Territory, you may rest assured, will be 
promptly attended to. 

With sincer[e] respects 

I am, Your Ob' Ser' 

Robert Lucas 
Messers K Ruxsford and 
JoxAs M. Oaks. 
Com''^ of Cedar co. 
Iowa TeiTitory. 



[Hecorded by A", 



PEOCLAMATIOX. 



To all to whom tlie-ie Present-i may come — Gkeetixg: 

Know Ye: That I, Robert Lucas, governor of the Ter- 
ritory of Iowa, by virtue of the power and authority vested 
in me by the Act of Congress, passed the 12'.'' day of June 
1838, entitled "An act to divide the Territory of Wisconsin, 
and to establish the Territorial government of Iowa," did 
declare by Proclamation, the number of members of the 



36 Executive Journal of Iowa [1838 

Coimcil and House of Representatives, to which each county 
and district in said Territory were entitled under the pro- 
visions of the said act of Congress; and did cause elections 
to be held in the several counties and districts in the said 
Territory, on the 10"' day of September last past, for mem- 
bers to the Council and House of Representatives, in the 
Legislative Assembly, as well as a Delegate, to represent 
this Teriitory in the House of Representatives of the 
United States, as provided for in the 14'-'' section of said 
act of Congress: — Do lierehy declare and mal-e known, that 
the followdng named gentlemen, were severally elected to 
the different offic[e]s hereinafter specifically designated, as 
appears by the returns of the elections officially transmitted 
to this Department, by the proper returning ofiicers, to wit; 
William W. Chapman, Delegate from the Territory to 
the House of Representatives of the United States. 

3Iemhers of the council. 

Jesse B. Brown, from the county of Lee. 

E. A. M. Swazy and Isham Keith, from the county of 
Van Buren. 

Lawson B. Hugh[e]s and Jesse D. Payne, from the 
county of Henry. 

Arthur Inghram, Robert Rolston, and George Hapner,^ 
from the county of Des Moines. 

James M. Clark, from the counties of Muscatine, Louisa 
and Slaughter." 



' Evidently intended for Hepner instead of Hapner. — Editor. 
' Later named Wasliington. — Editor. 



1838] Governor Robert Lucas 37 

Charles Whittlesey, from the counties of Johnson Cedar, 
Jones and Liuu. 

Jonathan W. Parker, fi'om the counties of Scott and 
Clinton. 

Warner Lewis and Stephen Hem [p] stead, from the coun- 
ties of Jackson, DuBuque and Clayton. 

Members of the House of Representatives. 

William Patterson, Hawkins Taylor, Calvin I. Price and 
James Brierly, fi'om the county of Lee. 

James Hall, Gideon S. Bail[e]y and Samuel Parker, fi'om 
the county of Van Buren. — 

William G. Coop, William H. Wallace and A. B. Porter, 
from the county of Henry. 

James W. Grimes, George Temple Van. B Delashmutt, 
Thomas Blaii* and Cyrus S. Jacobs, from the county of Des 
Moines. 

John Frierson, William L. Toole, Levi Thornton and S. 
C. Hastings, from the counties of Muscatine, Louisa and 
Slaughter.^ 

Robert G. Roberts, from the counties of Cedar, Jones, 
Linn and Johnson. 

Laurel Summers and Samuel R. ]\Iurry, fi'om the counties 
of Scott and Clinton. 

Chauncey Swan, Andrew Baukson, Tho? Cox and Hardin 
NowHu, from the counties of Jackson Du Buque and Clayton. 

And I do, by virtue of the further power and authority 
vested in me, by the act of Congress aforesaid, declare and 

' Later named Washington. — Editok. 



38 Executive Journal of Iowa [1838 

make kao\\'u, that I have appointed the Secoxd Monday of 
November xext, as the time, and the City of Burlington as 
the place, for the first meeting of the Legislative Assembly, 
and do hereby request the members elected to the Goiincil 
and House of Representatives as aforesaid, to assemble at 
the City of Burlington in the county of Des Moines, on the 
second Monday of November next, for the purpose of organ- 
izing the first session, of the Legislative Assembly of the 
Tei'ritory of Liwa, under the act of Congress of the 12"^ of 
June 1S3S, as aforesaid. 

In testimony whereof\ I have hereunto set my 
name, and caused the seal of the Tenitory to 
be hereunto affixed. 
Done at the city of Burlington, in the Territory of Iowa, 
this eighteenth day of (3ctober, in the year of our Lord, one 
thousand eight hundred and thirty -eight, and of the Inde- 
pendence of the United States the sixty third. 

Robert Lucas. 



{Recorded Inj X ] 

Executive Department Iowa Ter. 
Burlington Oct. 31^^' 1838 
Sir, 

I received Ijy last mail you[r] cDmmunication of the 
10'?" of August, which by the post mark appears to have been 
mailed on the 24'.'' of September, together with three pack- 



1838] Governor Robert Lucas 39 

ages Fourth series of the documentary History published 
by St. Claii' Clark & Force. 

Very Resp?" Yours tfec 

Robert Lucas 
AsBERY Dickenson Esq? Secf^ U. S. 



[Hecorded hy X ] 

Proclamation. 

Executive Department Iowa Territory. 

To the sheriff of Des Moines county. Greeting: — 

Whereas, the Clerk of the board of county Commission- 
ers, of the county of Des Moines aforesaid, did this day 
officially notify me, that there was a vacancy in the office of 
Representative fi^om the county of Des Moines, in the Leg- 
islative Assembly of the Territory aforesaid, caused by the 
death of Cyras S. Jacobs Esquire. You are therefore, 
hereby commanded to notify the several Judges of elections, 
in the county of Des Moines, in the Territory aforesaid, to 
hold a special election, to fill said vacancy, on Saturday the 
seventeenth day of the present month, (November) — under 
the provisions of the "Act, to provide for, and regulating 
general elections," &c passed January 18. 1838 — 

In testimony whereof, I, Robert Lucas, gov- 
ernor of the Territory of Iowa, have hereunto 
set my name, and caused the seal of the Ter- 
ritory to be hereunto affixed. This the 2? 



40 Executive Journal of Iowa [1838 

day of November iu the year of our Lord 
one tliousaud eight hundred tfe thirty eight, 
and of the Independence of the United States 
the sixty third. — 

Robert Lucas Gov. 

of Iowa Tenitory. 



[Becorded by X ] 

Executive Department 

Iowa Territory Nov. 12. 1838— 
Sir, 

I hereby aclcnowledge the receipt of "Thirty six copies 
of the acts of the second Session of the Twenty fifth Con- 
gress, due to tlie Territ'jry of Iowa." 

Respectfully 
Your Ob' Ser' 

Robert Lucas 
Hon. Jon. Forsyth Esqr. 

SectT of State of the LTnited States 



\_Recorded hy X. 



Message 

Gentlemen of the Council and^ House of Representatives 
of the Legislative Assemhly: — 

Through the intervention of Divine Providence, we have 

' The words " Council and " were evidently inserted later and appear to liave 
been written by Governor Lucas. — Editor. 






^'Y 



^. 



^ 



^ 



luslrativp o{ the liandWriting ol X_ 

.-^i I I. ft ^ 



)&, ^ 



H. 



jf 



^ 












^ 1 ^ 






^ 

r 

^ 

^ 



40 



: ^November in ^l: 
le thousand eight 

" ' lendiiiici 



Robert Lucas Gov. 
o£ loira T.- 



Executive Department 

lo'va Tenitorv Nov. 12. 183S— 
Sir, 

I hereby ackao^v]ed^^ ^L. :,/-;■>+ of ;-|rhirtT .i- - ^- 
_,A to Qnitnwbnfirl orll.jo ovilmlzulll 

of the acts of tJie jscoud ^l-^^-h. ■ : ■: :.^!;t} lu , 

gresi; 'lue to the Territory of Iov,-;i. 

Eesp';-. . 
Your Ui 

Eoi>;.:;. ...:-':-: 

■ ; -To:;. F'jr^vTTB. Esqr. • 

Sect? of iscate of the United States 





i- nr.rord.d /,„ Y 


1 




,•'■,.. 


-^'the Coi 






of t 


:V Assem'j):,: 






Tl:. rough L: 


'.'■■ hj^ fi'vontion ':. 

'•a evias;!lir n 




ilaVS 


1 The xcorC 


.; ;it';>i.::'.r to have 


been writtC!. 


-i'.piTon. 







1838] Governor Robert Lucas 41 

been permitted to convene at this time, for the purpose of 
organizing the first Legislative Assembly, under the pro- 
visions of an act of Congress, passed the 12* day of June, 
A. D. 1838, entitled "An Act to divide the Tenitory of 
Wisconsin and to establish the Territorial government of 
Iowa."— 

This act must be viewed by us, as the constitutional 
charter of the Temtory; it prescribes our powers, defines 
our duties, directs our actions and points out our rights and 
privileges. It declares that the Legislative power shall be 
vested in the governor and a Legislative Assembly, and 
shall extend to all rightful subjects of legislation. This 
declaration brings within the power of the Legislature all 
subjects that relate to the organization of the local Govern- 
ment of the Territory, (that does not contravene the act of 
Congress, or the constitution of the United States;) all sub- 
jects that relate to the protection and preservation of the 
lives, liberties, property, and reputation of the people of the 
Territory; the punishment of crimes, misdemeniors, and 
immoral practices, and such other subjects as tend to the 
advancement of the public good, the general improvement 
of the country, and the promotion of the peace, happiness, 
and prosperity of the people. 

This important ti'us[t] has been reposed in us by our 
country, and we have taken the most solemn obligations 
faithfully and impartially to perform the same.— - 

When we consider that the eyes of the people of the 
United States are upon us — that they have an interest in 
this Territory and feel an anxious solicitude for its pros- 



42 Executive Journal of Iowa [1838 

jDerity, (which must be either advanced or retarded by our 
acts,) and view the immeuce importance of Laying a good 
foundation of jurispradence, and preparing a system of laws 
wisely adapted to our situation and interest, and reflect that 
the conveinence, prosperity and hap])iness of the people are 
intimately connected with the local organization of the Ter- 
ritory in all its various ramifications, we are impressed with 
a sence of the weight of responsiljility imposed upon us, 
and are lead to ask aid from that Providence who has hith- 
erto sustained us; whom we view as the Governor of the 
Universe, the author of all good, and the fountain of every 
blessing, and sincerely implore his jjrotecting care over us, 
and pray that he may inspire us, as well as all those who may 
suceede us in authority, with wisdom to perceive, judgment 
to determine, and energy to execute such measures as will 
advance to the greatest degree of prosperity, the physical, 
political, intellectual, and moral condition of this })leasant 
laud and interesting Territory. 

Gentlemen, — having called you together at this time for 
the purpose of aiding by your delil:)eration, in purfecting 
the local organization of the Government of the Territory, 
it becomes my duty ti:i present to your deliberation such 
subjects as are deemed most essential to the accomplish- 
ment of that object, and to recommend such a course of 
proceedings as are deemed most advisable under existing 
circumstances. 

The laws of Wisconsin are declared to be in force in this 
Tenitory, so far^ as they are not incompatable with the 

1 This •word was inserted later (probably by Governor Lucas). — Editor. 



1838] Governor Robert Lucas 43 

organic law. But when we consider their incompatibility 
in ma[n]y respects with that law, and the confusion into 
which they are thrown by being blended with the laws of 
Michigan, which are incompatable and conflicting, in many 
points, we are satisfied that our Territory can derive no 
benefit from them, and that our most advisible course of 
action will be, to proceed to organize the local government 
of the Territory in conformity to the organic law, and to 
adapt all our laws to suit the situation and interests of the 
Territory, without reference to the laws of either Wisconsin 
or Michigan. 

Under this impression, I will call your attention in an 
especial manner to various subjects, deemed indispensible 
to the local organization of the Government under the 
organic law. 

The subject of providing by law for the organization of 
Townships, the election of township officers, and defining 
their powers and duties, I consider to be of the first [impor- 
tance] ^ and almost indispensible in the local organization of 
the Government. Without proper township regulations it 
will be extreamly difficult, if not impracticable to establish 
a regular school system. In most of the states where a 
common school system has been established by law, the 
trustees of toAvnships are important agents in executing the 
provisions of the laws. To them are entrusted the care 
and superintendence of the school lands of their respective 
townships, the division of township into school districts, 
and various other duties relating to building school houses, 

1 This word inserted later in pencil (probably by Governor Lucas). — Editor. 



44 Executive Journal of Iowa [1S38 

the organization of school clistriets, and the support of 
schools in their respective townships. 

The 12'?' section of the act of Congress, establishing our 
Territory, declares, "That the citizens of Iowa shall enjoy 

all the rights, privileges, and immunities heretofore 

granted and secured to the Territory of Wisconsin and its 
inhabitants." This extends to us all the rights, privileges, 
and immunities specified in the ordinance of Congress of 
the 13"^ of July, 1787. 

The third article of this ordinance declares, "That relig- 
ion, morality, and I'noivJeihje being necessary to good gov- 
ernment and the happiness of mankind, schools and the 
means of education shall forever [be]^ encouraged." Con- 
gress, to carry out this declaration, have granted one section 
of land in each township to the inhabitants of such town- 
ship for the purpose of schools therein. 

There is no subject to which I wish to call your attention 
more emphatically than the subject of establishing, at the 
commencement of our political existence, a well digested 
system of common schools; and as a pre])aratory step to- 
wards effecting that important object, as well as the consid- 
eration of numei'ious other advantages that must flow from 
the measure. I urge upon your consideration the necessity 
of providing by law for the organization of Townships. 

The seventh section of the act of Congress organizing 
our territory declares, that all country officers, except judi- 
cial oflicers, justices of the peace, sheriffs and clerks of 
courts, shall be elected by the people; and in the 16''' section 

'This word inserted l^ter in pencil (probably by Governor Lucas). — Editor. 



1838] Governor Robert Lucas 45 

it is declared, that all justices of the peace, constables, sher- 
iffs and all other executive judicial officers who were in 
office on the 3'? of July last, should be authorized and 
required to continue to exercise and perform the duties of 
their respective olfices as officers of the Tenitory of Iowa, 
temporarily, and until they or others should be duly ap- 
pointed to fill their places in the Territorial government of 
Iowa; with a proviso, that no officers should hold or con- 
tinue in office by virtue of that provision over twelve months 
from the said 3'? of July. 

By the foregoing provision of the 7'.'' section it will be 
perceived, that all officers that pertake of the character of 
county officers, except judicial officers, justices of the j)eace, 
sheriff's and clerks of the courts, are to be elected by the 
people. The proviso in the 16'?" section declares that officers 
should hold their offices temporarily, after enumerating jus- 
tices of the peace, constables, and sheriff's, uses the general 
term (/// other executive judicial officers. From an examina- 
tion of the sections above stated, it will be perceived that 
there are do[u]bts as to the right of certain officers to act 
under former appointments, after the S'.^ of July. To re- 
move these doubts and to secure the election of other officers 
by the people, that have heretofore been appointed by the 
Executive and Council. I would recommend a revision of 
all laws that relate to the organization of counties, and the 
appointment of county officers, so as to comply strictly with 
the organic law of Congress. I would also recommend a 
revisions of all laws that relate to the power and duties of 
executors, administrators and guardians, as well as the laws 



46 Executive Journal of Iowa. [1838 

relating to the levying and collecting of connty and territo- 
rial taxes. 

The nineth section of the organic law declares that — "the 
judicial power of the Territory shall be vested in a supreme 
court, district courts, probate courts, and in justices of the 
peace; and that the jurisdiction of these several courts, both 
appellate and original, and those of the probate courts and 
the justices of the peace shall Ije, as limited by law," with a 
prohibitory provision excluding from the jurisdiction of 
justices of the peace controverseries where the title of 
boundaiy of land may Ije in dispute, or where the debt or 
sum claimed exceeds fifty dollars. 

This is the most important subject that will be presented 
to your consideration, and Avill recjuire much delil;)eration, 
in arranging the different courts and assigning to each their 
appropriate powei's and duties. Justices courts are the first 
in order, and in them the people are more generally inter- 
ested than in the higher courts. Justices of the peace by 
virtue (.>f their office are conservators of the peace, arbiters 
in matters of controversy to the amount of fifty dollars, and 
are the collecting officers of this amount; they are the legiti- 
mate guardians of the public peace and the rights of indi- 
viduals. It will therefore ];iecome an impoi'tant duty (and 
one that will require much deliberation in its performance) 
to arrange the details (if an act, defining specifically the 
powers, and regulating the duties of justices of the peace 
and constables, in civil as well as criminal causes. The im- 
portance of this subject will demand your early attention 
and deliberate consideration. The duties of probate courts, 



1838] Governor Robert Lucas 47 

tlio. less complicated, are of greate interest to tlie com- 
munity and will also require much care and attention in 
arranging the provisions o£ an act, prescribing the powers 
and defining the duties of these courts. A revision of 
former laws on this subject is deemed indispensible in 
arranging systematically the judicial organization of the 
Territory. 

[The subject of organizing the judicial courts of the Ter- 
ritory, prescribing the powers, defining their duties and 
regulating their practice, is one of the greatest magnitude. 
It embraces an entire system of jurisprudence, and in its 
various ramifications extends its influence to every depart- 
ment of government and class of community.]^ 

The subject of organizing the judicial courts of the Ter- 
ritory, prescribing their powers, defining, their duties and 
regulating their practice, is one of the greatest magnitude. 
It embraces an entire system of jurisprudence, and in its 
various ramifications extends its influence to ev[e]ry depart- 
ment of government and class of community. 

In laying the foundation of a system of jurisprudence in 
the Territory, would it not be advisable to unite our exer- 
tions in simplifying, not only our laws, but the rules of 
practice and proceedings in the various courts of Justice 
within the Territory, and to exclude therefrom as much as 
practicable, ev[e]rything of a fictions or ambiguous charac- 
ter? In my opinion the proceedings of our courts of justice 
should be concise, void of technical fiction, and always 



1 This paragraph is crossed o\it by lead pencil in the manuscript, being fol- 
lowed by a literal repetition. — Editoe. 



48 Executive Journal of Iowa [1838 

directed to the merits uf tlie cause iu controversy. The 
establishment of such a rule of practice at the commence- 
ment of our Territorial Government I am satisfied would be 
attended with the most beneficial effects. I therefore most 
earnestly submit these suggestions to the consideration of 
the Legislative Assembly. 

In arranging our judicial system, it will become necessary 
to revise the laws regulatine; the duties and deiiuing the 
powers of sheriffs, constables and other ministerial officers; 
also, the laws regulating judgments and executions; but in 
the consideration of these laws, I trust that the odious prin- 
cipal of imprisonment for debt, either on mesne or final 
process, (except in cases of evident intended fraud ) Avill not 
be permitted to enter into your deliberations, and that that 
relic of the barbarous ages that has been permitted t() re- 
)nain as a blot on the laws of some of the states, will never 
]je permitted to soil the pages of the statutes of Iowa. 

I would also recommend to your consideration [tlie]^ 
propriety of adopting a general r(_iad system; deiining the 
manner of laying out and establishing Territorial and county 
roads, and to provide for opening and keeping them in 
repair; and also, the revision of the laws regulating elec- 
tions, so [as]'^ to conform in all respects to the act of Con- 
gress organizing the Territory. 

The compilation of a Criminal Code, so as to graduate 
properly the various crimes and offences, and to apply suit- 



i The word " the" was later substituted for the word "of" in the original 
manuscript. — Editoe. 

2 This word inserted later in pencil (probably by Governor Lucas). — Editor. 



1838] Governor Robert Lucas 49 

able punishment to eacli, in proportion to tlieir enormity, is 
a subject of deep interest to the community. It is one, 
which of late has occupied the attention of some of the 
greatest statesmen and philanthropists of the age; and the 
general conclusion has been, that sanguinary punishments 
do not tend to lessen crime, and that the general policy of 
crimi[n]al laws should be to prevent crimes rather than to 
inflict punishment, and that all punishments should be 
inflicted with a view to reform, rather than exterminate the 
criminal. In these conclusions I heartily concur, and would 
wish to see confinement at hard labor for life, substituted in 
all cases, in lieu of capital punishment, when suitable pris- 
ons for the purpose can be had; but in our present situa- 
tion, we will necessarily be compelled to iadopt more sangui- 
nary punishments than would be advisable had we a suitable 
Penitentiary in the Tenitory. But, being sensible of the 
deleterious effects of public executions, I would recommend 
to your consideration, the propriety of providing by law,, 
for executing capital punishment (should such punishments, 
be necessary,) privately in the county prison, in the pres- 
ents of the sheriff, and such other persons as the Court 
passing sentence might direct. 

In preparing a system of criminal jurisprudence, the 
whole catalogue of vices, from the highest crime to petty 
misdemeanors pass in review, that appropriate punishment 
may be attached to each offence, in proportion to its injuri- 
ous eft'ects upon society — and we frequently [see]^ the 
most disastrous consequences proceed fi'om practices that in 

1 This word inserted later in pencil (probably by Governor Lucas). — Editor. 



60 Executive Journal of Iowa isss] 

some places, are cousidered <;>nly as fasliioualtle vices — 
namely; gamhUruj aud intemperance. 

These two vices may be cousidered the fountains from 
which almost every other crime proceeds, as the statistical 
reports of many of the Penitentiaries conclusively show. 
They have produced more murders, robberies, and individ- 
ual distress, than all other crimes put together; this is evi- 
dent, when we consider the many thousands that annually 
destroy themselves, aud bring their families to beggery and 
wi'etchedness, by pursuing these vices; for surely, there can 
be no murder of a deeper moral dye than self murder; and 
no robbery of a more heinous character, than the robbery 
of our own families. Could you in your wisdom devise 
ways and means to cheek the progress of gambling and 
intemperance in this Territory, you will perform an act that 
would immortalize your names and entitle you to the grati- 
tude of posterity. 

The recent transacti(.>n in this city, that deprived the 
Legislative Assembly of one (if its members elect, ^ as well 
as all other transactions of a similar character, should meet 
with the indignant frown of every friend of morality and 
good order in community; and the practice of wearing con- 
cealed about the person, dirks, pistols, and other deadly 
weapons, should not only be considered disreputalile, ];iut 
criminal, and punished accordingly.— There certainly can 
ni.it ]_)e a justifialjle excuse offered for such a practice: for in a 
civil community, a brave man never anticipates danger, and 
an honest man will always look to the laws for protection. 

» This probably refers to the shooting of Cj-ras S. Jacobs. — Editok. 



1838] Governor Robert Lucas 51 

It has been frequently said "That to be prepared for 
war, is the most effectual way to secure peace." This decla- 
ration may be emphatically applied to our present situation. 

The numerous hords of war like Indians occupying our 
northern and western boundaries and the restless disposition 
manifested by some of them, should admonish us to be pre- 
pared to defend the Territory against attacks from any 
quarter, under any circumstances and on all emergencies. 

Should the Indians be disposed to hostilities, ou[r] fron- 
tier from St. Peters to Missouri, would be exposed, and from 
the position of the United States troops we need expect but 
little or no assistance from them; thus situated, it becomes 
our duty to pre^jare to defend ourselves against any possible 
attack from our Indian neighbors. 

This preparation can only be effected by efficiently organ- 
izing and disciplining the Militia of the Territoiy. I am 
fully satisfied that were the Militia of the Territory properly 
organized, equip [p]ed and disciplined, that we could defend 
ourselves against any Indian force that could be brought 
against us. I therefore call the attention of the Legislative 
Assembly in an especial manner to this subject, and request 
that they may pass a law giving to the Militia of the Teni- 
tory a perfect organization, so as to render them a prompt 
and efficient defence. 

In arranging the details of a Militia law, it should be 
explicit — 1^.', in its organization, 2'? in the distribution of its 
powers and duties to the officers and privates — 3"?, the fines 
and peanilties imposed, and the punishments to be inflicted 
for neglect of duty; vesting in the different grades of officers 



52 Executive Journal of Iowa [1838 

certaiu discretionary powers, and liolding tliem strictly 
accountable for an abnse of tliem. 

I would recommend that the Tenitory at first, be divided 
into three divisions, six brigades and twelve regiments — 
and that you provide by law, for raising and organizing one 
company of Artillery in each division, and one company of 
Rangers to each Regiment to be mounted and armed with 
rifles, rifle pistols, and short swords. These Rangers would 
be most efficient against an Indian force, were they armed 
with Hall's carbin[e]s, a brace of rifle pistols with holesters 
and cartridge boxes, containing cartridges, suited to the 
bore of the pistols; and when dismounted to have the pistols 
in a belt, and a short sword. This sword to be most for- 
midable in Indian fighting should be a short blade about 18 
inches in length, strong and double edged, to be used as 
occasion might require, either to cut away the brush, vines 
or other obstacles in pursuing the Indians into their ham- 
mocs of [or] places of retreat, or as a weapon of defence in 
close combat with an enemy. 

I am satisfied that troops thus organized, equip [p]ed and 
disciplined., expressly for Indian fighting, with steict direc- 
tions NEVER TO THROW AWAY A FIRE, 7lOr tO halt in til 6 pur- 
suit^ first using their rijfes, then their pistols, and as the last 
resort their swords, would be more than a match for an 
equal number of the most efficient Indian warriors, that 
ever assembled upon our frontier. 

In view of our present situation I would recommend to 
your consideration the propriety of memorializing Congress, 
to provide us with three six pound brass pieces c>f cannon, 



1838] Governor Robert Lucas 53 

with can- [i] ages and equipments comple[te] and one thou- 
sand Hall's Carbines, with two thousand rifle pistols with 
holsters cartridge boxes complete, and one thousand short 
swords, with scabbards and belts; and that government 
would establish a Depot of arms and ammunition, at some 
suitable place within the Territory. 

It becomes our duty to provide by law for dividing the 
Territory into three judicial districts, to assign to each judge 
his appropriate district, and to define the time and place of 
holding district courts in each of the respective counties 
within the Territory. 

When we take into consideration the local excitements 
that frequently arise in neighborhoods, on the subject of 
division of counties, the alteration of county lines, and the 
location of county seats, I am satisfied that much benefit 
would result to the community, were the whole of the sur- 
veyed part of the Territory layed out into counties of a 
uniform size, and so bounded as to preclude any subsecj^uent 
sub -division, or alteration of the boundaries; and the seats 
of justice established in each (where such seats of justice 
have not already been established by law) by disinterested 
commissioners to be appointed for the purpose. 

A general law on this subject well arranged in its details, 
could not fail in a greate measure, to prevent those local ex- 
citements that too frequently disturb the harmony of neigh- 
borhoods, and retard the general improvement and prosperity 
of the country. I therefore solicite your attention to this 
subject, and hope that a general law may be passed the pres- 
ent session in accordance with the foregoing suggestions. 



54 Executive Journal of Iowa [1S3S 

It also becomes our duty to provide Ijy law for taking 
cencus of the Territory at certain periods, and to apportion 
the members oi the Council and House of Eepreseutatives 
among the several counties and districts, in proportion to 
the population, as well as to fix by law, the time of the reg- 
ular annual meeting of the Legislative Assemljly. This 
suljject will recjuire your early attention. 

The 13'!^ section of the iirganic law or constitutional 
charter of the Territory, declares — '-That the Legislative 
Assemljly of the Territory shall hold its first session at 
each time and place in the Territory, as the Governor shall 
appoint and direct, and at said session, ov [as] soon thereaf- 
ter as may by them be deemed expedient, the said Governor 
and Legislative Assemljly shall proceede to establish the seat 
of Government f()r said Territory, at sach place as they may 
deem eligible; which place however, shall thereafter be sub- 
ject to be changed Ijy the said Governor and Legislative 
Assembly." 

And the sum of twenty thousand dollars is granted to be 
applied by the Governor and Legislative Assembly, to de- 
fray the expences of erecting public buildings at the seat of 
Government. 

It is a question purely of public concern. The United 
States are the proprietors hi ftt <if iiH the laud in the Ter- 
ritory, to which the Indian title has been extinguished. 
Ever}' pai't df tlie Teiritory is eijually susceptible of a deuce 
population; and in granting the appropriat[iou] to be ap- 
plied in erecting public buildings at the seat of Govern- 
ment, Congress had reason to expect the expenditure to be 



1838] Governor Robert Lucas 55 

made at a point, that would advance to tlie greatest degree, 
both the present and future prosperity of the Territory. 

I am convinced that there is no way in which we can dis- 
charge the duty imposed upon us by this section, so satis- 
factorily to the community at large, or, to promote the gen- 
eral interest of the Territory so well, as to pro\'ide by law 
for the appointment of three disinterested men, of known 
integrity and weight of character, and to vest them with 
authority to take the subject into consideration, and to fix 
upon a place for the seat of Government of the Territory; 
and their report being returned to the Secretary of the, Ter- 
ritory, that such report shall be considered conclusive, and 
the public buildings erected at the place provided for in 
such report. 

I am clearly of opinion that the foregoing is the only 
method by which the seat of Government of the Temtory 
can be satisfactorily established. By this method, the 
interest of every part of the Territory will be consulted, 
and strict justice administered to the whole; and with this 
impression, I urge it upon your consideration, and solicit a 
calm and impartial investigation of the same. 

Gentlemen, the foregoing suggestions embrace such acts 
as are deemed indispensible to the organization of the Ter- 
ritory. There are doubtless many other subjects of a more 
local character, that will present themselves to your consid- 
eration. 

The compilation and enactment of a complete Code of 
laws, particularly adapted to our situation and interest, 
would require more time and deliberation, than is alloted to 



56 Executive Journal of Iowa [183S 

the Legislative Assembly duriug its session. And, indeed, 
experience has taught us, that it is impraetiealjle to digest, 
report, and enact a complete c(ide of Liar's during the session 
of a Legislative body. 

I would therefi_ire suggest fi:)r your consideration, as a 
subject of the greatest importance to the future prosperity 
of the Territory, the appointment of a committee not to 
exceed three persons, of known legal experience and weight 
of character, to digest and prepare a complete code of laws 
during the recess of the Legislature, and to report them for 
consideration and enactment at the ensuing session. By 
pursuing this method, in the course of two years we will be 
released fi'om the ambiguity of existing laws, and our sys- 
tem of jurisprudence will be established upon a tirm founda- 
tion, peculiar [l]y adapted to the situation, interest, habits, 
and wants of our citizens. 

When we consider the general liberality of the parent 
government heretofore manifested towards her minor chil- 
dren, we may reasonably anticipate that the same liberality 
Avill be extended to her youngest daughter Iowa. I there- 
fore suggest the expedi[e]ncy of respectfully memmor[i]- 
al[i]zing Congress to grant to the Territory an appropriation 
sufficient to erect a Penitentiary in the Territory, for the 
confinement of convicts that may [be] sentenced for a voi- 
lation of the peaual laws of the Temtory, as well as those 
who may be convicted foi' a voilation of the laws cif the 
LTnited States. Also, respectfully to ask an appropriation 
of laud for literary purposes, ecj^ual to the grant made last 
session to the Tenitory of Wisconsin. 



1838] Governor Robert Lucas 57 

An appropriation of five tliousaud dollars was made by 
Congress to be expended, under the direction of the Gov- 
ernor, in the purchase of a library for the Tenitory. Pre- 
vious to leaving Ohio in July last (with the assistance of 
several literary friends,) I made out a catalogue of such 
standard works as are deemed most important as the foun- 
dation of a public library, and put the catalogue into the 
hands of an agent in Cincinnati to make the purchases for 
me. Those books that could be procured in the western 
country, have been purchased and have been at Cincinnati 
for some time, waiting to be forwarded the first rise of 
water in the Ohio River. By advices fi"om Cincinnati I 
learn that the agent has been for some time in the eastern 
cities, where he will complete the purchases to the extent of 
the appropriation. As soon as the Ohio River is navigable, 
we may expect the anival of those books that have been 
purchased, and the remainder of the library as soon there- 
after as practicable. 

When engaged in purchasing maps for the Territory in 
Cincinnati, in July last. Dr. O. Fairchild, of said city, pre- 
sented me with a valuable set of maps, which is now in my 
possession, and which I present as a present fi'om him to 
the library of the Temtory. 

As the library is expected in a short time, I would sug- 
gust the propriety of passing a law to provide for appoint- 
ment of a librarian, to define his duties, and regulate the 
libraiy. As soon as the library arrives a catalogue of the 
books shall be immediately laid before you. 

On the 1^' of September last Dr. James Davis was ap- 



58 Executive Journal of Iowa [1838 

pointed a commissioner niider the pnivisions of au act of 
Congress passed tlie IS'?' of June 1838, entitled "an act to 
authorize the president of the United States to cause the 
southern boundary line of the Territory of Iowa, to be 
ascertaiued and marked." — who proceeded soon after his 
appointment in conjunction with A. M. Lea Esq? the Com- 
missioner on the part of the United States, to the discharge 
of the duty assigned them, — but has not yet reported their 
progress to this Department. Should a report be received 
during the session of the Legislative Assembly it shall be 
immediately communicated to you. The Governor of Mis- 
souri did not consider himself authorized to appoint a Com- 
missioner under the late act of Congress until after the 
meeting of the Legislature of that state. 

The appropriation made by Congress for the support of 
the government of the Territory of Iowa for the year 1838, 
is $24,675. — This includes the salaries of the Governor, 
Secretary, Chief Judge, Associate Judges, District Attorney 
and Marshal the pay and mil [e] age of the members of the 
Legislative Assembly of the Territory and the expences 
thereof; printing the laws, taking the cencus, and other 
incidental and contingent expences of the Assembly and 
Territory — (see late laws of the L^. S. page 112) 

The salaries of the officers of the Territory as fixed by 
law, and the contingent fund of the Governor, amount to 
8,950 — dollars — which leaves a balance of 15,725 Dollars 
to defray the expences of the Legislative Assembly — print- 
ing, stationery, fuel, house rent and all other incidental 
expenses of the Territory. 



1838] Governor Robert Lucas 59 

In disbursing the appropriatiou, we should avoid parsi- 
mony in its application to defray necessary expences; but at 
the same time should use strict economy^ and be careful in 
our expenditur[e]s never to exceede the appropriatiou made 
by Congress. — 

Gentlemen of the Council, the act of Congress establish- 
ing the Temtorial government of Iowa vests in the Execu- 
tive and Council the power of appointing all judicial officers 
— Justices of the peace, sheriffs and Mililitia officers (except 
those of the staff) and other civil officers that are not elec- 
tive by the people. The Executive is vested with the nom- 
inating power. The power of appointing to office is one of 
the most delicate and responsible character; and as the con- 
currence of the Executive and Council are required to give 
validity to appointments under the Territorial authority, I 
deem it my duty to state to you distinctly in the commence- 
ment of our political organization the principles by which I 
shall be governed in nominating individuals for the various 
office [s] in the Territory. 

I shall at all times pay a due respect to recommendations; 
but cannot conscientiously nominate to office any individual 
of had moral character, or, that may be a[d]dicted to intem- 
perance or (jamhling, if known to me. — These vices are so 
contaminating in their character, that all public officers in 
my opinion should be clear of even a suspicion of being 
addicted to them. 

Gentlemen of the Legislative Assembly, the charter of our 
Territorial government declares that the Legislative power 
shall be vested in the Governor and Legislative Assembly. 



60 Executive Journal of Iowa [1838 

— The Executive is vested with advisory and restraining 
and the Legislative Assembly with deliberative and enacting 
powers. The concur [rjence of both the Executive and Leg- 
islative departments become [s] necessary under our organi- 
zation to give validity to Legislative enactment. 

This being the case, I have in discharge of a conscientious 
duty promptly recommended to your consideration such 
measure [s] as I deemed to l;)e most expedient and think it 
proper to state to you at the commencement of our Legis- 
lative proceedings, that I shall at all times take pleasure in 
concur[r]ing with you in acts that tend to advance the gen- 
eral interest of the Territory, and the prosperity of the 
people: — but at the same time will be compelled to with- 
hold my assent to such acts, or proceedings, as I may con- 
scientiously for the time being believe to be prejudicial to 
the public good. 

That the spii'it of wisdom and harmony may control all 
our deliberations and direct our eifoi-ts to the promotion of 
the general prosperity of the Territory — the establishment 
of good order, and the security of the peace, prosperity, 
and happiness of the jieople — is the sincere prayer of your 
fellow citizen and obedient serveut. 

KoBERT Lucas 
L;)wa Territory 

Burlino-ton, Xov. 1-2. 1838. 



1838] Governor Robert Lucas 61 



[Hecorded by Al 



Oath administered to tlie members of the Legislative 
Assembly by the Governor in person, on the IS'?" day of 
November 1838, at the first organization of said Assembly. 
You and each of yon do solemnly 
swear upon the Holy Evangelist of Almighty God (some 
made affirmation with an uplifted hand in presence of Al- 
mighty God the searcher of hearts.) — that you will suppoii; 
the constitution of the United States — the Act of Congress 
to divide the Tenitory of Wisconsin and to establish the 
Territorial Government of Iowa — and that you will faith- 
fully impartially, and to the best of your judgment and 
ability discharge the duties of a member of the council (to 
the council — the same to the members of the House of Rep- 
resentatives) so help your God — (to those who swore on the 
Book) as you shall ansiver to God in the Greate day — (to 
those who affirmed with an uplifted hand.) 
(Copy) Robert Lucas 



\_Recorded by A' ] 

Executive Department 
Burlington Iowa Ter? Nov!" 16. 1838 
To the Hon. the President of the Council of the Legis- 
lative Assembly of Iowa. 
Sii-, 

I this day received from the Secretary of the 
Council communication containing the following resolution — 



62 Executive Journal of Iowa [1838 

"Resolved — That his Exeelleuey Governor Lucas be 
reijuested to \aj before the Couueil any information or 
instructions v^'hich he may have received from the general 
Government, concerning public expenditures, so far as they 
relate to defraying the Expences of the Legislature of 
Iowa". — 

In compliance with the fijregoing reipiest I will state that 
in the 11"' sectirm of the organic law of the Territ(^ry it is 
declared that — "the members of the Legislative Assembly 
shall be entitled to receive three dollars each per day, dur- 
ing their attendance at the session thereof; and three dollars 
for ev[e]ry twenty miles travel, in going to, and returning 
from the said sessions, estimated according to the nearest 
usually travelled ri;iut[e]" — and that "there shall also be 
appropriated annually a sufficient sum, to l)e expended by 
the Secretary of the Territory, and upon an estimate to be 
made by the Secretary of the Ti'easury of the United States, 
to defray the expences of the Legislative Assembly, the 
printing of the laws and other incidental expences; and the 
Secretai'y of the Territ()ry is required annually to account 
to the Secretary < )f the Treasury of the Y. S. for the manner 
in which the sum appropriated shall liave been expended. 

In compliance with the f(.)regoing provision in the organic 
law, and no doubt upon the estimate furnished by the Sec- 
retary of the Treasury of the U. S. as re<piired therein; 
Congress passed an act on the 7'!" day of July 1S3S — to 
2)rovide for the sup|)ort of the Military Academy of the U. 
S. for the year 1S3S and for other purposes — and inserted 
in the 5"" section of this act a clause in the following words. 



1838] Governor Robert Lucas 63 

For salaries of the Governor, Sect^', Chief Judge, Associ- 
ate Justices, District Attorney, and Marshall, and pay and 
mil [e] age of the members of the Legislative Assembly of 
Iowa Territory — and the expences thereof, printing of the 
laws, taking the census, and other incidental and contingent 
expences of said Assembly and Territory, Twenty four thou- 
sand six hundred and seventy five dollars." 

This appropriation expresses the object for Avhich it was 
made, and is the only appropriation to which we can look 
for funds to defray the expences of the Legislative Assem- 
bly as expressed therein for the year 1838 — You will find 
this subject refeiTed to in my communication of the 12^*^ 
Inst. 

On the 10'.'' of October last I received a letter from the 
Register of the Treasury of the U^. S. requesting that an 
estimate for expenses of the Legislative Assembly for the 
year 1839 — might be j^repared and transmitted to the De- 
partment. 

A copy of his letter together with my answer thereto is 
annexed — and it as follows. 



(Copy) Treasury Department 

Registers Ofiice Sep' 5, 1838 
Sir, 

I have the honor to rerpi[e]st; that the usual estimate 
for expences of Legislative Assembly for the year 1S39 
may be prej)aired and transmitted to this office, as early as 
convenient, for the purpose of being laid (by the Secretary 



64 Executive Journal of Iowa [1838 

of the Treasuiy) before the Legislature of the United States 

at its eusuiug session 

I have the honor to be 

Sii" Your most Ob' Ser? 

T. L. Smith 

Register 
Governor of Iowa Territory 

For answer to the above letter see page — ^ 

I have withheld the estimates reijuired by the Treasu[r]y 
De^iartment of the U. S., and shall continue to do so until 
I can obtain information to enable me to transmit a satis- 
factory one, and to show therein the special 867'vices and 
purposes for ivliich ajpropriaf/ons are asA'ed. 

This information cannot be obtained until the action of 
the present Legislative Assembly is known. Should they 
agree to authorize the appointment of a committee to j^re- 
pare during the recess a complete code of laws for the Ter- 
ritory to be I'eported to the next Session an item would be 
included in the estimate to defray the expences of the Com- 
mittee and the item for printing enlarged to meet the ex- 
pences of printing an entire Code of laws as well as the 
necessary increased expences of the Legislative Assembly 
estimating the session to extend to the limits of the Organic 
law. 

But should the Legislative Assembly decline to authorize 
the appointment of a committe to compile the laws during 
the recess; the estimates that I shall consider it my duty to 

' The answer referred to follows iu the text. — Editor. 



1838] Governor Robert Lucas 65 

transmit to tlie Treasury Department of the United States 
will only include the usual necessary expences of an ordi- 
nary session of the Legislative Assembly. 

Very Respectfully Your 

Ob* Ser* 
Robert Lucas 



[Hecorded by JT ] 

Executive Office Iowa Terrify 
December 6. 1838 — 
William B. Conway, Secretary of I. Ter. 
Sir, 

I acknowledge the receipt of your communication of 
this date, together with a joint resolution of the Council and 
House of Representatives of the Tenitory of Iowa, making 
an allowance for clerks, doorkeepers, messengers, firemen &c. 
and directing the pay of such allowance by the Secretary on 
the certificate of the presiding ofiicers of the House, attested 
by the secretary or chief clerk. Also, a certificate of the 
Speaker of the House of Representatives, attested by the 
chief clerk, certifying that Sam. W. Summers is entitled to 
three doUai's per day for his services as sargeant-at-arms, 
from the 12'?' of November of the 5^^ of December inclusive, 
and requesting my opinion whether said certificate can be 
legally regarded as a sufl&cient voucher in settling your ac- 
counts with the Treasury of the United States. 

In complying with your request it becomes necessary to 
take a view of the nature of our government, the power 



66 Executive Journal of Iowa [1838 

vested in it, and the sources from whence this power is 
derived. The 2°.*^ clause of the S"" sectiou of the i^^ article 
of the constitution of the United States, vests in Congress 
the power to make all needful rules and regulations respect- 
ing the Tenitory and other property belonging to the 
United States. 

Under this clause of the constitution Congress passed the 
act of the 12'.'' of June, organizing the territorial govern- 
ment of Iowa, and vested in the territoiial government cer- 
tain powei's, by which, in connection with the constitution 
•of the United States we must be controlled in all our offi- 
cial acts. This act declares that the Legislative power of 
the TeiTitory "shall be vested in the Governor and Legis- 
lative Assembly;" in the 2"? section it declares that the Gov- 
ernor shall approve of all laws passed by the Legislature 
before they shall take effect; and in every case, when the 
acts of the Legislature are spoken of, they are mentioned as 
the acts of the Governor and Legislative Assembly, and in 
no place is there any power vested in the Legislative As- 
sembly independent of the Governor. 

The 11"" section of the organic law declares that there shall 
be appropriated annually a sufficient sum, to be expended 
by the secretary of the Territory, and upon an estimate to 
be made by the secretary of the [Treasury of the] ^United 
States to defray the expenses of the Legislative Assembly, 
the printing of the laws and other incidental expenses; and 
declares that the Secretary of the Territory shall annually 
account to the Secretary of the [Treasury of the]^ United 

1 These words were inserted later (probably by Governor Lucas). — Editor. 



1838] Governor Robert Lucas 67 

States for the mamier in which the aforesaid sum shall have 
been expended. 

You are by this clause created the disbursing agent of the 
Treasury Department of the United States and held respon- 
sible to it for your disbursements. The Y'" clause in the 
9*^ section of the P' article of the constitution of the United 
States declares "that no money shall be drawn from the 
Treasury but in consequence of appropriations made by 
law, and a regular statement and account of the receipts and 
expenditures of all public money shall be published from 
time to time." By the organic law you are ex officio a sub- 
treasurer of the United States, and you are bound to render 
your accounts annually for settlement, and to produce legal 
vouchers for all money disbursed by you. With this view 
of the subject I am clearly of the opinion that the resolu- 
tion and certificate referred to in your communication, being- 
destitute of legal authority or Executive sanction, could not 
with safety be received by you as a vouchers for the pay- 
ment of money upon them. 

The officers named in the resolution and certificate are 
legally unknown to us, and must continue to be so until a 
law is passed creating these offices, fixing the salaries and 
defining the manner of payments. 

The foregoing are briefly my views on the subject refeiTed 
to me, by you, in your communication. 

Very respectfully. 

Your Ob* Ser' 

Robert Lucas 



68 Executive Journal of Iowa [1838 

\Iieco7-ded by A' ] 

Egbert Lucas 

Governor of Iowa Territory 

To all who shall see these presents Greeting: 

Know Ye, That reposing special trust and confidence in 
the integrity and ability of jiiugustus R. Knapp of Des 
Moines county I have by virtue of the authority vested in 
me by an Act of the council and House of Representatives 
of the Territory of Wisconsin entitled "An act for the parti- 
tion of the Halfbreed lands" approved January 16"' 1838, 
appointed him Commissioner to fill the vacancy in the board 
created by the 2"? section of the act aforesaid, caused by the 
resignation of Isaac Van Allen who was appointed to fill 
the vacancy occasioned by the resignation of Thomas S. 
Wilson, and do authorize and empower him to execute and 
fulfill the duties of that office according to law; and to have 
and to hold the said office with all the 2iowers, privileges 
and emoluments thereto of right appertaining unto him the 
said Augustus E. Knapp until the duties specifyed in the 
act aforesaid shall have been performed 

In testimony whereof I have caused the seal 
of the Territory of Iowa to be hereunto 
affixed. Given under my hand at the City of 
Burlington on the 17'.'' day of December 
1838, and and of the Inde[pe]ndence of the 
United States of America the 63'^ 

W^^ B. COXWAY EoBEKT LuCAS 

Secretary of the Territory. 



1838] Governor Robert Lucas 69 

[Hecorded by A' ] 

Executive Department 
Iowa Territory Deer 26. 1838 
W;^ B. Conway Secretary of Iowa Temtory 
Sir, 

I wish you to inform me distinctly the reasons why 
you refuse to pay for the furniture put in the Executive 
Office out of the appropriation made by Congress — whether 
you consider the Executive Office sejjerate and distinct from 
that of the Secretary of the Territory — and if so your rea- 
sons for this conclusion. I would also, wish to know 
whether you do or, do not intend to discharge the duty 
required of you by the Organic law relative to recording 
the acts and proceedings of the Governor in his Executive 
Department. Nothing of this kind has yet been done by 
you, and I think it time that this business was done. If it 
is not your intention to perform these duties I wish to 
know it, that I can make a representation to the proper 
Department at Washington. 

I request an explicit and loiequivocal answer to the above. 

Resp? Robert Lucas 



70 Executive Journal of Iowa [1838 

[^Recorded by X ] 

Executive Department I. T. 
December 19. 1838. 
To tlie Coimcil of the Legislative Assembly: 
Gentlemex — 

I have examined with attention the act, 
entitled "A act regulating the intercourse between the Leg- 
islative and Executive departments of the Territory of 
Iowa," and regret that I am compelled to withhold from it 
my assent, it its present form. 

The Constitutions of many of the states prescribes the 
manner in which bills shall be presented tc'i the Executive, 
and points out the time and manner of their return to the 
Legislature, if objected to by the Executive. The organic 
law of Iowa Territory is entirely silent on this su1;)iect; but 
declares that the Governor "shall approve of all laws passed 
by the Legislative Assembly, before they shall take effect"; 
leaving the whole suljject entirely to the discretion of the 
Executive. 

Believing that a law regulating the intercourse between 
the Legislative and Executive branches of government, that 
would not interfere with the prerogative of either, would be 
of mutiial advantage as a rule of action to bi.^tli. With this 
view I conferred with the ci:)mmittee appriinted by the 
Council for the purpose, and consented to the details of a 
bill that was reported to the Council by the committee. In 
comparing the bill submitted for my consideration, with the 
one originally reported by the committee, I find that the 
section that was inserted with a view to keep up a mutual 



1838] Governor Robert Lucas 71 

conference and to open tlie way to a mutual reconciliation 
of conflicting views, has been stricken from the bill; also, 
the time within which the Executive was required to return 
an act, etc., with his objection, to the Legislative Assembly, 
has been altered from ten to five days — tvith these altera- 
tions I can never concur; but am still willing to yield my 
assent to the bill, if passed as originally reported by the 
committee. Until this is done, I must use my own discre- 
tion, under the Organic Law, and for your information loill 
state the course lintend to pursue. 

All bills, resolutions, or memorials submitted to me, will 
be carefully examined, and if approved, will be signed and 
deposited in the ofiice of the Secretary of the Tenitory. If 
special objections are fouiad, but not sufficient to induce me 
to withhold my assent from the bill, resolutions or memo- 
rials, a special note of explanation will be endorsed with 
my approval. 

Bills, resolutions, or memorials, that may be considered 
entii-ely objectional or of doubtful policy, will be retained 
under advisement, or returned to the Legislative Assembly 
with my objections, at such time, and in such way and 
manner, as I may, for the time being, deem to be most 
advisable. 

With the foregoing observations, I herewith return the 
bill to the Council without my assent thereto. 
Very respectfully 

Your Ob' Ser? 

Robert Lucas 



72 Executive Journal of lo^va [1838 



\_Recorded hy Al 



Executive Department 
Iowa Ter. Dec^ 29. 1838— 
To 

tlie House of Representatives of the Legislative Assembly. 
Gentlemen, 

There was this morning presented to me 
for my consideration, a Resolution in the following words — 
"Resolved, by the Council and House of Representatives 
of the Ten-itory of Iowa, That W"^ B. Conway Esq"" be, and 
he is hereby appointed, "Fiscal agent of the Legislative As- 
sembly, during its present session, and that all advances of 
money made by him, shall be refunded to him out of such 
money as, shall hereafter, be appropriated by Congress. 

W. H. Wallace 
(Signed) Spe[a]ker H. R. 

J. B. Browx 

President of Council. 
There is no part of this Resolution that can meet my 
concur [r]euce. 

Both the creation of the agent, and the power attempted 
to be confeiTed by the Resolution, I believe to be in contra- 
vention of the Organic Law. 

The Secretary of the Territory is by the Organic Law 
created the disbursing agent of the appropriation made by 
Congress to defray the expenses of the present Legislative 
Assembly, and this Legislative Assembly in my opinion, 
has 110 j)Ower directly or indirectly to control the application 



1838] Governor Robert Lucas 73 

of money that may be appropriated by Congress, to defray 

the expences of the next Legislative Assembly. 

Under this impression, I return the Resolution -nath my 

entire dissent. 

Very Respectfully 

Your Ob? Ser? 

Robert Lucas. 



[Hecorded by XL 



Executive Department 

Iowa Ter. Dec' 31. 1838 
To 

The House of Representatives of the Legislative As- 
sembly. 

Gentlemen: 

I herewith return the bill to divide 
the county of Heniy and establish the county of Jefferson. 
My objections to the bill in ihs present form are 1^' That 
it extends into the Indian country — 2"? That it divides sur- 
veyed townships, which I think ought in all cases to be 
avoided. I would therefore recommend a modification of 
the boundary so as to bound it by township lines, and the 
Indian boundary line. 

With these modifications, the bill will meet with my 

cordial approvial. 

Very Respectfully 

Your Ob' Ser' 

Robert Lucas 



74 Executive Journal of Iowa [1839 

\_Recorded hy X ] 

Executive Departmeut 
Iowa Ter. JanT 4. 1839 
To— 

the House of Eepreseutatives of the Legislative As- 
sembly. 

Gentlemeu: There was presented to me for 
my cousideratiou a resolution in the following words: 

"Resolved, by the Council and House of Representatives 
of the Territory of Iowa, That when an act is presented to 
the Governor for his approval, he shall, within a reasonable 
time thereafter, make known to the House in which said 
act may have originated of his approval thereof; or, if not 
approved of, the act shall be returned, with his objections 
thereto. 

(Signed) AV. H. Wallace 

Speake[r] H. R. 
J. B. Browxe 
Presid[e]nt of Council." 
I see no place in the organic law, that vests the Council 
and House of Representatives with the right to dictate to 
the Executive in the discharge of his official duties. I, also, 
received another resolution in the following words: 

"Resolved, by the Council and House of Representatives 
of the Territory of Iowa, That the postmaster at Daven- 
port, Scott county, 1;)e and he is hereby authorized to have 
the mail from Davenport to DuBuipae conveyed in two 
horse post coaches, twice a Aveek during the present session 
of this Legislative Assembly, and that the Post Master 



1839] Governor Robert Lucas V5 

General of the United States by [be] memorialized by the 
Legislative Assembly to allow and pay the extra expences 
that may be incuiTed under this resolution. 

(Signed) W. H. Wallace 

Speaker H. R 
J. B. Brown 
Presid[e]nt of Council. 
In this resolution the Council and House of Representa- 
tives, have, in my opinion, assumed powers that can only be 
exercised by the Congress of the United States, and the 
Post Master General, under the laws of the United States. 
Both resolutions are returned without my approval. 

Respectfully 
Your Ob' Ser? 

Robert Lucas. 



[Recorded hy X ] 

Executive Department 
Iowa. Ter. Jan? 5. 1839— 
To 

the House of Representatives of the Legislative Assem- 
bly:— 
Gentlemen: 

There has been presented to me for my consid- 
eration, a resolution in the following words: 

"Resolved, by the Council and House of Representatives 
of the Territory of Iowa, that his Excellency, Gov. Lucas, 



76 Executive Journal of Iowa [1839 

is hereby respectfully requested to inform each House of 
the Legislative Assembly, of all acts by him approved dur- 
ing the present session, and that he is further requested 
hereafter to inform the Council or House in which a bill 
originated (as the ease may be) of his approval, immedi- 
ately after he has approved of the same. 

(Signed) W. H. Wallace 

Speaker of II. R. 
J. B. Browne 
President of Council." 

It would at all times do me pleasure to comply with any 
respectful request of the Council and House of Representa- 
tives, could it be done with propriety and conveinence; but 
having neither secretary, clerk, messenger, assistant or other 
attendant, in public employ, at the Executive office, I have 
to depend upon the voHntary aid of a few private friends, 
for clerical and such other assistance as is needed in the 
discharge of indispensable duties. 

This being the case, I must respectfully decline a compli- 
ance with your respectful request, and must respectfully 
invite your attention to my communication to the Council 
of the lO'?" December last. By that communication you 
will be enabled to perceive that all bills, resolutions, and 
memorials, that are approved by me, are immediately depos- 
ited with the Secretary of the Territory, whose duty it is 
made by the organic law to record and preserve the same. 

If the information required should be deemed of greate 
importance to the Council and House of Representatives by 
a call on the secretary it can, doubtlessly, be obtained. I 



1839] Governor Robert Lucas Y7 

have as yet, seen no good reason to change the course of 
executive proceeding, as pointed out in my communication 
of the lO"" ult? to the Council, relative to bills, I'esolutions, 
and memorials, forwarded for my consideration. And until 
a law shall be passed regulating the intercourse between the 
Executive and Legislative departments of government, em- 
bracing the principles alluded to in said communication, I 
shall adhere to the course there pointed out. 

The resolution is herewith returned without my signature. 

Respectfully 
Your Ob? Ser? 

Robert Lucas — 



[Iieco?-ded hy X. 



Executive Department Iowa Tr 
Burlington Jan? 9. 1839 
To, 

the Hon. Council of the Legislative Assembly. — 
In pursuance of the act entitled "An Act to organize di- 
ciplin and govern the Militia of this Temtory — " approved, 
the 4'? instant: I do hereby nominate for your advice and 
consent the following named officers to wit; 

Jesse B. Brown, of Lee county to be Major General of 
the first Division Jonathan E. Fletcher, of Musquatine 
county to be Major General of the second Division and 
Warner Lewis, of DuBuque county to be Major General 
of the Third Division of the Militia of this Territory. — 



78 Executive Journal of Iowa [1839 

E. A. M. Swazy, of Vau Bureu county to be Brigadier 
General of the first Brigade and Augustus C. Dodge, of 
Des Moines county to be Brigadier General of the Second 
Brigade in the first Division. 

John Frierson, of Musquatiue county, to be Brigadier 
General of the first Brigade and Jonathan W. Parker, of 
Scott county, to be Brigadier General, of the Second Bri- 
gade in the second Division. 

George Cobbage, of Jackson County, to be Brigadier Gen- 
eral, of the first Brigade, and Frances Gehon, of DuBuque 
county, to be Brigadier General of the second Brigade in 
the Third Division. 

Which is respectfully submitted — 

by Your Ob' Sert. 

Robert Lucas— 



\_Eecorded by X. 



Executive Department — 
Iowa Terv Jan^' 8. 1839 — 
To the Council of tlie Legislative Assembly: 
Gentlemen: 

I have examined the Bill submitted for my 
consideration, entitled "An Act to incorporate the city of 
DuBucpie," and find in it the following provisions to wit: 

4'^ section- — That the Mayor of said city shall be elected 
by the qualified voters thereof, on the first Monday of 
March, bienally, and shall hold his ofiice for the term of 



1839] Governor Robert Lucas 79 

two years and until his successor shall be chosen and quali- 
fied; and previous to his entering on the duties, of his office 
as Mayor, shall be commissioned by the Governor as a 
justice of the peace; and in defining his powers, it is declared, 
in said section, "That he shall in his judicial capacity, have 
exclusive original jurisdiction of all cases for the violation 
of the ordinances of said city, and criminal jurisdiction in all 
cases where, by the laws of the Tenitory, justice of the 
peace, within the county of DuBuque, are, or shall be 
authorized to here or determine, or in any manner have 
power to act, and for the due and efficient exercise of the 
power herein and hereby vested in him, he shall have 
power, and it shall be lawful for him to award all such pro- 
cess, and issue all such writs as may be necessary to inforce 
the administration of right and justice throughout said city, 
and for the lawful exercise of his jurisdiction agreeably to 
the usages and principles of law."- — After defining the juris- 
diction of the Mayor in certain cases, and pointing out the 
mode of appeals to the district Court, the section proceeds, 
"And the said District Court of the county of DuBuque is 
hereby auth[o]rized empowered and directed to take cog- 
nizance of and hear and determine all such cases as shall be 
brought before them by appeal as aforesaid, and to assess 
such fine and pass such judgment against the defendant or 
defendants as shall be provided by ordinance of said city. 
The Mayor shall, moreover, have power to take and certify 
the acknowledgments of all deeds for the conveyance or 
inc[u]mbrance of real or personal estate situated in the 
Tenitory of Iowa. And it shall be lawful for him to order 



80 Executive Journal of Iowa [1S39 

any person or persons brought before Lim charged with the 
commission of any criminal offence, in any state or tenitory 
of the United States, upon proff by him adjudicated suffici- 
ent, to direct such accused person or persons to be delivered 
to the Governor of this Territory (or state, as the case may 
be) who shall cause such person or persons to be conveyed 
to the proper jurisdiction for trial." 

I will make no comments on the foregoing, farther than 
to call your attention to the subjoined extracts from the 
organic law, relative to the judicial powers of the Territory, 
the ajipointment of justices of tlie peace and other officers, 
and the act of Congress relative to fugitives from jnstice, 
and solicit a careful examination and comparison of them — 
and wall ask the C'ouncil wherther, after such examination 
and comparison, they can, by any rules of construction, be 
reconciled. 

The 7"" section of the organic law declares, that "The 
Governor shall nominate, and by and with the advice and 
consent of the Legislative Council shall appoint, all judicial 
officers, justices of the peace, sheriffs, and all military 
officers, except those of the staff, and all civil officers not 
herein provided for." 

The O"" section of the organic law declares, that "The 
judicial power of said Territory shall be vested in a Supreme 
Court, District Courts, Probate Courts, and in justices of the 
peace." Here ends the judicial power of the Territory. 

The first section of the act of Congress relative to fugi- 
tives from justice, declares, "That whenever the Executive 
authority of any state in the union or either of the Terri- 



1839] Governor Robert Lucas 81 

tories northwest or south of the river Ohio, shall demand 
any person as a fugitive from justice of the Executive 
authority of any such state or Territory to which such per- 
son shall have fled, and shall moreover produce the coj)y of 
an indictment found or an affidavit made before a magis- 
trate of any state or Territory as aforesaid, chai'ging the 
person so demanded with having committed treason, felony, 
or other crime, certified as authentic by the Governor or 
Chief Magistrate of the state or Territory from whence the 
person so charged fled, it shall be the duty of the Executive 
authority of the state or Territory to which such person 
shall have fled, to cause him or her to be aiTested, and 
secured, and notice of the arrest to be given to the Execu- 
tive authority making such demand, or to the agent of such 
authority appointed to receive the fugitive, and to cause the 
fugitive to be delivered to such agent when he shall appear; 
but if no such agent shall appear Avithiu six mouths fi'om 
the time of the aiTest, the prisoner may be discharged. 
And all costs or expenses incurred in the apprehending, 
securing and transmitting such fugitive to the state or Ter- 
ritory making such demand shall be paid by such state or 
Territory. 

The act of the 12'!^ of Febraary, 1793, must control all pro- 
ceedings relative to persons charged with criminal offences 
in any state or Ten'itory, that may have fled to any other 
state or Territory within the United States. 

I will, therefore, in conclusion, solicit the council to re-ex- 
amine the provisions of the bill herewith retui'ned, as above 
alluded to, and will ask the questions, can the manner 



82 Executive Journal of Iowa 1839] 

pointed out in tlie bill for electing the mayor, and requiring 
him to be commissioned hj the Governor as a Justice of the 
peace, and the judicial powers attempted to be conferred 
upon him in the bill, be reconciled by comparison with the 
foregoing extracts from the organic law^ Can the powers 
attempted to be conferred upon the mayor, relative to per- 
sons charged with criminal offences in other states or ten'i- 
tories, be, on comparison, reconciled with the foregoing 
extracts from the act of Congress. I think not. 

Respectfully 
Your Ob' Ser' 

Robert Lucas. 



[Becorded by X ] 



Executive Department I. Ter. 
January 12. 1839 — 
Sir, 

In compliance with the resolution of the Legislative 
Assembly — I have the honor to transmit to you the fore- 
going memorial and resolution. 

His ExceT the Presid feint \ „ , ,. ^ 

L -J ( iiespectiuliy — 

TT S 

' ^ _ Your Ob' 8er' 

Hon W™ W. Chaiiman ) y-, j 

^ S ivOBEKT Lucas 

Hon Speaker of the H. R. ! 
one copy to each — Wash- 
ington City. ) 



1839] Governor Robert Lucas 83 



[-Recorded by A" ] 

Executive Department I. Ter. 
January 16. 1839— 
To the Hon. Council of the Legislative Assembly: 
Gentlemen: 

I hereby nominate for your advice and con- 
sent the following named Officers to wit; 

In Lee county, Henry Eno, to be Judge of Probate, and 
Braxton W. Gillock sheriff. 

In Van Buren county, L'riah Biggs to be Judge of Pro- 
bate and Henry Heffleman sheriff'. 

In Des Moines county, Robert Cock to be Judge of Pro- 
bate and James Camron sheriff'. 

In Henry County, G. I. Sharp to be Judge of Probate 
and Samuel Smith sheriff. 

In Louisa county, Ruben S. Searls to be Judge of Probate 
and Cavil M. McDaniel sheriff. 

In Musquatine county Arther Washbourn to be Judge of 
Probate and James Davis sheriff'. 

In Scott county E. Cook to be Judge of Probate and 
Adrian H. Deavenport sheriff'. 

In Cedar county, James W Tallman to be Judge of Pro- 
bate and George M'^Goy sheriff'. 

In Slaughter changed to Washin'gton county, Nathan 
Baker to be Judge of Probate and Milo Holcomb sheriff'. 

In Johnson county. Pleasant Harris to be Judge of Pro- 
bate and Samuel Trowbridge sheriff'. 

In Jackson County, James R. Moss, to be Judge of Pro- 
bate and W™ A. Warren sheriff'. 



84 



Executive Journal of Iowa 



[1S39 



In DuBiique eoimty Charles Gorkeiy to be Judge <jf Pro- 
bate and Geoi'ge W Cummins sheriff. 

In Clayton county, Samuel H. K. McMasters to be Judge 
of Probate and J. B. Griffith sheriff. 

In Linn county, Isra[e]l Mitchel to Ije Judge of Probate 
and Socrates H Tryon sheriff'. 

In Jones county, Charles P. Huton to be Judge of Pro- 
bate and Hugh Bowen sheriff'. 

Respectfully submitted 

Robert Lucas. 



[liecorded hy A' 



-] 



Executive Department Iowa TerT 
Jan^- IS. 1839 — 
To the Hon. Council of the Legislative Assembly: — 

Gentlemen: — I hereby nominate for your advice and con- 
sent the following named gentlemen to be Justices of the 
peace to wit: — 

Ix Lee Couxty. 



Paul Brattain 
Abraham Henkle 
Eli MiUard 
David Haggard 
Josiah Shelton 
Robert GreweU 
Isral Smith 



James Gray 
Archibald Gilleland 
Hugh T. ^\'ithroe 
Samuel Ross 
Isaac Briggs 
Jairus Fordice 
Jacob Thomas 



1839] 



Governor Robert Lucas 



85 



Thomas Douglass 
Michael W. Walker 
William Newcomb 
Solomau Jackson 
Thomas M. Clark 
EclAvard Enlow 
John F Mobei-ly 
Eli Stoddard 
John Judy 

Pleasant M. Armstrong- 
David W. Kilbourn 
AVilliam Wilson 



William Lucas 
John A Drake 
Peter Miller 
Samuel B Ayers 
William Skinner 
Edwin Guthiie 
John Hillis 
R. S. Campbell 
John Spain 
William H A^'alker 
Lewis Pitman 



In 

Wilson Stanley 
Sewell Kenny 
John Cochran 
Martain A. Brittain 
William Kendrick 
Samuel C. Reed 
T. J. Cox 
WiUiami Tade 
James Robb 
Silas Stone 
James Moffet 
John Taylor 



Van Buken County 

Jame E. Richey 
John Whitaker 
John Groom 
James Gardner 
George Reynolds 
Wmiam Miller 
James T. Sutton 
Alexander Woods 
S. C. Knight 
David Casebear 
John Marshall 
Bushrod Cravens 
Benjamin B. Throop 



" William " has been changed to " David " by pencil. — Editor. 



86 



Executive Journal of Iowa 



[1839 



In Des Moines County. 



Joliu Burkhart 
David R. Chance 
David Hendershott 
Barnet D. Portlock 
John D. Wright 
James D. Spearman 
Allen Elliott 
Orison Craio; 



Philip Maskel 
Richard Parks 
Timothy Fox 
John C. Sleeth 
William Smith 
William Griffey 
Henry Walker 
Robert Cock 
Jonathan J. Kino- 



In Henky County. 

John B. Lash Daniel Dobbins 

P. C. Tiffany OHver PoUock 

W™ G. Lowell Aljraham Updegraff 

Xinian C. Steel Timothy S. Gaskell 

Myron Kilbourn Lewis Watson 

James R. Ritchie Joseph Huntly 

Zeno Plumkett Roljert W. Gilleuwater 

Frederick Lee Samnel Xilson 
Grinder Wilson 



In Jeffekson County. 
Daniel Lears I Joseph Parker 

Jesse C. Walker Amos Summers 

Roodham Bonnafield Reuben Root 

Jonathan Turner Euos Elmaker 



18391 



Governor Robert Lucas 



87 



Elijali Chastain 
Josiali Lee 



John Aukrom 
John W. SuEivan 
John Priest 



In Louisa County. 



William Milligan 
John Gilliland 
John Ronalds 
Jacob Mintun 
Maximillian Eastwoods 
Isaac Parsons 
Samuel Woodsides 



Traman S. Clark 
Joseph Crane 
George Humphrey 
William Fowler 
Thomas Stodard 
Hiram Smith 
Christopher Shuck 



In Musquatine County. 



Wier Long 
Robert Stewart 
Cornelias Lancaster 
John Wilson 
Silas S. Lathrop 
Thomas J. Stark 
Moses Parriue 
Abraham D. Veile 
Samuel H. Colyer 



William Leverich 
Thomas Burdet 
James Simpson 
George Strome 
Jacob Keizer 
Van Ransellier Tompkins 
Arthur Washburn 
John Kidder 
Robert Buuifleld 



88 



Executive Journal of Iowa 



[1839 



rlianged to Washixgto:^ 
Ix Slaughter Cuuxty. — 



William S. Hervey 
Mathew Morehead 



Elias Buel 
Thomas Coklwell 
Natben Baker 



William Greeu 
David Waltou 
William Mason 
Alansou Poj^e 
Jehu Kenworthy 
James Buchauuan 
Elisha E. Edwards 
Henry Hardman 
Daniel Hare 



I:s^ Cedar Couxty — 

John G. Fo}' Sen!" 
Richard E. Ransfoi'd 
Warren Stiles 
Porter M'^Kinster 
James Leverich Sen^ 
John Whittelsey 
David Burns 
Washington A. Rigby 
Joshua Kino' — 



John Forrest 
Richard Pearce 
John Work 
Samuel Parker 
Ralph Litton 
Benjamin F. Pike 
Samuel Hedges 



Ijs" Scott County 

Samuel Marrs 
Lewis Kinglesley 
M. N. Bosworth 
^, Sumau M. Strong 
Jacob Heller 
John K. Spicon 
Ira Cook 



18391 



Governor Robert Lucas 



89 



Simon Gardner 
James Clairbourn 
Philip J. Monroe 
Elijah Buel 



Ix Clixtox Couxty. 

Albert SalsbeiTy 
Charls Whipple 
Joseph Yolger 





Ix Lixx 


CoUXTY. 


Henry B. Burnap 




John Crow 


John G. Cole 




William Abby 


John M. Afferty 




Israel Mitchel 



Thomas L Denson 
John C. Raft'erty 
Moses Gamson 
Calvin C. Reed 



Ix JOXES CoUXTY. 

John G. Josslin 
Orvil Conkrite 
Charles P. Hutton 



Ix JoHXSOX CoiTXTT. 



Samuel H. McCrory 
Robert Walker 



Caleb Clark 
Pleasant Harris 



In Jacksox Couxty. 

Morris S. Allen Nathaniel Butterworth 

George Watkins James Kelly 

James S. Burtis Robert Carey 



90 



Executive Journal of Iowa 



[1839 



John Forbes 
Lucas B Walker 
W" H. Vanderventer 



Jolin Clark 
"William Lee 
diaries H Harris 



ly Claytox Couis^ty 



Roljert lietfield 
Allen Ciirpenter 
Henry Haltzpeeker 
Eliphalet Price 
Samuel Walker 



Patten M<:Millen 
Jesse Laudley 
Henry S Sibley 
Benj F Baker 



In Du Buque County 



James R. Goodrich 
Timothy Mason 
Mortimore Bambridge 
Myren Patterson 



William II Whitesides 
Grun Weaver 
Buro;et B. Lawless — 



I also nominate for your ad- Respecfnlly submitted 
vice and consent Henry B by Your Ob' Ser* 

Notson to be Judge of Pro- ; Robert Lucas 

bate of Jefferson County, and 
Frederick F Lyons to be 
sheriff' of said C^Junty — 



1839] Governor Robert Lucas 91 

[Hecorded hy X ] 

Executive Department 
Janr 19. 1839 — 
To the Hon. Council of the Legislative Assembly 

Gentlemen: — I hereby nominate for your advice and con- 
sent the following named gentlemen as field officers to the 
mili[ti]a of the Territory towit: — 

In the first Brigade first Division — first Regiment Francis 
P. Elevens to be Colonel — John Freeman Lieutenant Col. 
and Braxton ^ . Gillock Major. 

Second Regiment Obediah Selby to be Colonel Bushrod 
Cravens Lieutenant Col — and Giles Wells Major — 

In the Second Brigade first Division first Regiment 
George H. Beeler to be Colonel — James M. Thompson 
Lieuten[an]t Col. and Stephen Geerhart Major — 

Second Regiment Samuel Braziltine to be Colonel, Sam- 
uel S. Walker Lieutena[n]t Col — and Jacob L. Myares 
Maj. 

In the first Brigade second Division first Regiment John 
Ronalds to be Colonel Z. C. Inghram Lieutenant Colonel 
and Robert Childers Major — 

Second Regiment John Vannatta to be Colonel Siles S. 
Lathrop Lieutenant Colonel and Wiliam A. Clark Major. — 

In the second Brigade Second Division first Regiment 
Samuel Hedges to be Colonel Elisha H. Shepard Lieu- 
tena[n]t Colonel and John Sheller Major. — 

Second Regiment James W. Tallmau Colonel Prior Scott 
Lieutenant Colonel and W™ D. Xeely Major. — 



92 Executive Journal of Iowa [1839 

111 the first Brigade tliinl Divisiciu first Regimeut Joliii 
H. Hose to be Colonel Charles Swan Lieutenant Colonel 
and AV'" A. Wan-en Major. 

Second Regimeut C'liarles P. Iluttou to be Colonel Hugh 
Bowen Lieutenant and Col. Tho" L. Dixon Major. 

Li the second Brigade third Division first Regiment Paul 
Cain to be Colonel David Slater Lieutenant Colonel and 
AVilliam Myers IMaj^r. 

Second Regiment Henry F. Lauder to be colonel William 
W. Wymau Lieutena[n]t Cohjnel and Robert Hetfield 
Major. 

Respectfully submitted 

by Your Ob' Ser' 

RoBpnjT LrcAS — 



[Hecorded hij A' 



Executive Department L T. 
Jan^ 17. 1S39— 
To the Hon. House of Representatives of the Legislative 
Assembly: — 

Gentlemen: — I have examined the bill submitted 
for my consideration, entitled — "An act to establish the 
seat of Government of the territory of Iowa, and for other 
purpiises," and C(_)ncur in its general provisions, particuraly 
those parts that establish the seat of Government in the 
central county of Johnson, and provide for the meeting of 
the Legislative Assembly at Burlington until ]iu]_ilic liuild- 



1889] Governor Robert Lucas 93- 

ings are erected at the seat of Government ior their accom- 
modation; but I find the bill defective in its details. 

It authorizes the commissioner therein provided for, to 
enter upon the United States land that is yet unsurveyed; 
to lay out 640 acres in towns lots, streets and alleys; to 
agree upon a plan for the public buildings; to i[s]sue pro- 
[po]sals; and immediately thereafter to contract for erect- 
ing said buildings without delay; but contains no provisions 
to obtain the consent of Congress to locate the seat of Gov- 
ernment on their lands, or to obtain a gTant or title from 
the Government, to the land ujdou which the seat of Gov- 
ernment may be located. 

There is no provisions in the bill for the sale or discrip- 
tion^ of the lots in the town directed to be laid oiit at the 
seat of Government, or to dispose of, in any way, the avails 
of said town; notwithstanding the commissioners are directed 
to proceede to erect public buildings. 

The bill declares that the Governor of the Tenitory shall 
officiate as Treasurer, and imposes on him duties totally 
incompatible with the duties of the Executive of the Ter- 
ritory. 

It provides for the appointment of commissioners by 
joint ballot of the Council and House of Representatives,, 
which is a mode of appointment entirely unprovided for by 
the organic law. 

With the foregoing exceptions, I approve of the bill, and 
am willing that this communication may be considered as 
notice of such approval. 



1 Probably intended for "disposition." — Editor. 



94 Executive Journal of Iowa [1839 

I shall however, retain the ]:)ill in my possession for the 
jDresent, and should the Legislative AssemMy, during its 
present session, j^ass an explanatory supplement, remedying 
the defects above alluded to, the whole subjest will meet 
with my uni|ualifled approval. 

Respectfully 
Your Ub' Ser? 

Robert Lucas. 



[Recorded by A' 



Executive Department L T. 
January 21. 1839 
To the House of Representatives of the Leg- 
islative Assembly. 

Gentlemen, — I have this day signed the 
act entitled "An Act to locate the seat of Government of 
the Territory of I(_)wa, and iov other purposes, ["] — also, 
the act entitled "An Act supplementary to an Act to locate 
the seat of government of the Territory of Iowa, and for 
other purposes," and have deposited both acts with the 
Secretary of the Territory. 

In transmitting to you this information, I consider it my 
duty to state to you, at the same time, that I have been 
unable to reconcile with the organic law, the provisions 
therein, that relate to the mode of appointing commission- 
ers, and filling these appointments with members of the 
Legislative Assembly. 



1839] Governor Robert Lucas 95 

I have been unable to discover any place in the organic 
law that vests in the Legislative Assembly the right to 
appoint officers. The 7'? section declares, "that all town- 
ship and county officers, except judicial officers, Justices of 
the peace, sheriffs, and clerks of courts, shall be elected by 
the people." — Thus securing to the people, the right to 
elect all officers, (with the above exception) that pertake of 
the character of township or county officers. — The section 
further proceeds to declares, that, "the Governor shall nom- 
inate, and by and with the advice and consent of the Legis- 
lative Council, shall appoint all judicial officers, justices of 
the peace, sheriffs, and militia officers, except the staff', and 
all civU officers not herein provided for." 

The 8'?" sections declar[e]s "that no member of the Leg- 
islative Assembly, shall hold or be appointed to, any office 
created, or the salary or emoluments of which, shall have 
been increased, whilst he was a member during the time 
for which he shall have been elected and for one year after 
the expiration of such term." 

If the commissioners created and appointed by these acts, 
partake of the character of civil officers, both the mode of 
appointment, and filling these appointments, with members 
of the Legislative Assembly, are in contravention of the 
organic law and would be legitimately void. — But, inas- 
much as provision has been made in the act regulating writs 
of quo warranto, for bringing questions of this character 
before the judiciary; and considering also, that the members 
of the Legislative Assembly as well as myself, have taken 
a solemn oath to support the organic law — and approving 



96 Executive Journal of Iowa [1S39 

the bill in other respects — I have waved my oljjectiiius and 
signed l3oth the original bill and supplement, under the im- 
pression that should the organic law be infringed, the proper 
remedy may be applied by the judiciary under the quo war- 
ranto act. 

Very respectfully 

Your Ob' Ser' 

Egbert Lucas 



Executive De2:)artment Iowa Ter. 
January 24. 1$39 — 

To the Honorable the Senate &l House of Representatives 
of the United States of America in Congress Assembly: 

Your merorilist^ in compliance with the provisions of the 
Acts of the Legislative Assem1;ily of the Territory of L^wa, 
approved the 21^* iust. (extracts fri:)m which accompany 
this memorial ) would respectfully solicite of the Congress 
of the United States permission to locate the seat of gov- 
ernment of the Territory upon the lands of the LTnited 
States in the county of Johnson and within the late pur- 
chase made by the United States, from the Sac and Fox 
Indians; and that you would grant unto the said Territory 
a donation of four sections of land upon which to locate the 
said seat of Government; or if your honorable body should 
not deem it expediant to grant the laud as a donation that 
you would secure to the Territory a preemption right tO' 

1 Evidently intended for " memorialist." — Editor. 



1839] Governor Robert Lucas 97 

four sections of land at the place that may be selected for 
the seat of government, and that a tittle to the same may be 
perfected, on payment being made in such manner as in 
your wisdom may be deemed expedi[e]nt. — And as in duty 
bound your memor[ia]list in behalf of the Tenitory of 

Iowa will ever pray. 

Robert Lucas 
The Hon. Spe [a] ker H Repet 1 q^^^_ ^f i^^,^ Temtory. 

the President of the Senate I n(.„~,.pc-. i 

Copy to each J 



[Hecorded by JC ] 

Executive Department 
Januaiy 25. 1839— 
To the Honorable Council of the Legislative Assembly — 
Gentlemen: 

I have examined the bill submitted for my 
consideration (which appears by endorsement to have origi- 
nated in your house) entitled "An act to authorize the Leg- 
islative Assembly to punish for contemj^t and privilage 
members from arrest. 

The first section declares- — "That each house of the Leg- 
islative x\ssembly shall have authority to punish by fine 
and imprisonment any person not a member, who shall be 
guilty of disrespect by any disorderly or contemptious be- 
haviour" <fec — and subjicts the offender to a fine of Two 
hundred dollars and forty eight hours imprisinment. 



Inserted later (probably by Governor Lucas). — Editor. 



98 Executive Journal of Iowa [1S39 

The second section declar[e]s, "That the members of 
the Council and House (if Representatives shall lie priva- 
laged from an-est in cases except Treason Felony and a 
breach of the peace during the continuance at the session 
of their respective houses and in going to and returning 
from the same — and from being questioned in any other 
j)lace for any speech or debate in either house." 

Inasmuch as no arrests are allowed by the laws of the 
Territory on civil process, I cannot see the necessity for 
this provision. It sur[e]ly would not add much to the 
dignity of the Legislative iVssembly to exempt th[e]ir mem- 
bers from aiTest for offences that do not come within the 
above exceptions — such as gambling, drunkenness Sabath- 
breaking profane sw[e]aring and the various vicious prac- 
tices in voilation of municepal law. My opinion has always, 
been that those ^^'ho make law^s should lie Ijound to be 
obediant to them; I therefore cannot see the necessity or 
propriety of prevalliging members to voilate them by thr<;>w- 
ing themselves upon their privalages; neither do I think it 
would be advisable to clothe each branch of the Legislative 
Assembly witli authority t() be accusers and judges in their 
own cases, with power to fine and imprisson any person not 
a member that they might think had treated them with dis- 
respect or contempt — for siu'^e~\Ii./ if a Legislative body or 
any of its members should be guilty of conduct that would 
render them contemptious in public estimation it would be 
wi'ong to fine and imprission a citizen for speaking the truth 
about them. 



1839] Governor Robert Lucas 99 

I cannot approve the bill with these provisions, and 

return it accordingly. 

Respectfully 

Your Ob' Ser? 

Robert Lucas. 



\Recorded by X ] 

Executive Department I. T. 
Jan^ 31. 1839— 
To His ExcT 

The Gov. of Mass. 
I have the honor to acknowledge the receipt of "Two 
copies of the journarls of the Provincial Congress of Massa- 
chusetts," transmitted for the Library of this Territory ' — 
as also, a letter accompanying them. 

A^ery Respectfully 

Your Ob' Ser? 

Robert Lucas 



[Recorded by Y ] 

(4.) Executive Department I. T. 

Burlington Feb'y 2^ 1839, 
Sir. 

I some time since received your letter of the 10- of 
December, acknowledging the receipt of my account for 
the Two first Quarters, of my Salary, in which you stated 
that you had refeiTed it to the Auditor for settlement, and 
that the Treasurer had been requested to draw for my Sal- 



100 Executive Journal of Iowa [1839 

ary ou the receiver of the Land office iu this Territory — I 
have up to this date, received no intelligence from the 
Treasurer ou the Subject; if the draft was forwarded by 
him, it has either been miscarried or lost. As the second 
cparter in the account produced extended to the 31- of 
December, I supposed it probable that the account would 
not be audited till that time; and have therefore waited 
until now — without informing you of the failure — Will you 
be pleased to inform me, whether or not a draft for my 
Salary has been forwarded by mail — 

I also request the favour of you to cause to be forwarded 
to me a draft on the Receiver of the Land office, at this 
place for three hundred and fifty Dollars, the amount appro- 
priated under the provisions of the Act of the 12- of June 
last, to be expended by the Governor to defray the con- 
tingent expenses of the Territory. These drafts would be 
truly an accomodation to me at this time as have not received 
from Government One dollar for either my Salary or con- 
tingent expenses since my appointment on the 7~ of July 
last. Could there not be an aiTaugement made so as to 
have our salary always cashed at the land office in this 
place as they become due: The uncertainty of conveyance 
by mail, and the delay caused by transmitting them to 
Washington, renders it very inconvenient to us in the far 
West. 

With sincere respects 
I am Your Obt. Servt. 
Hon. Levi Woodbukt. Robert LrcAS. 

Secretary of the Treasury, V. S. 



1839] Governor Robert Lucas 101 



[^Hecoi-ded hy X. 



Executive Department I. T 
JanT 23. 1839 
To the House of Representatives of the Legislative Assem- 

bly. 

Gentlemen, I have examined the bill presented for my 
consideration entitled an "act to provide for the compensa- 
tion of sheriffs of the different counties of the Territory for 
ordering elections and posting up notices." 

The first section of which commences as follows: 

Sec. 1. Be it enacted by the Council and House of Rep- 
resentatives of the Territory of Iowa, that there shall be 
paid out of the sum appropriated by Congress for defraying 
the expences of the Legislative Assembly of Iowa for the 
year 1838-9" — naming the different sheriff's and sums respec- 
tively allowed. 

This bill in my estimation is defective and does not secure 
to the gentlemen therein named the several sums therein 
allowed. If the intention of the bill was to pay those 
allowances out of the appropriation made by Congress to 
defray the expences of the present Legislative Assembly, it 
should have been so expressed; but if it was the intention to 
have them paid out of the sum that may be appropriated by 
Congress to defray the expences of the next Legislative As- 
sembly, I consider that the Legislative Assembly exceeding 
their power in passing it. As I observed on a former occa- 
sion, I do not believe this Legislative Assembly possesses 
any power to control either directly or indirectly the appro- 



102 Executive Journal of Iowa [1839 

pi'iatiou of money that may be appropriated by Congress to 
defray the expenees of the next Legislative Assembly. 

If the principal was admitted that the Legislative Assem- 
bly has the right to control the application of one dollar of 
the appropriation that may be made by Congress to defray 
the expenses of the next Legislative Assembly, they may 
u2Don the same principal expend the whole and leave the 
next Legislative Assembly without the means of defraying 
the necessary expenses of the session. This would be a so 
glaring a perversion of the intention oi the act of Congress, 
that I think the riglit to do so by the Legislative Assembly 
cannot for a moment be contended for. I therefore respect- 
fully solicit the attention of the Legislative Assembly to 
this subject and suggest that a modification may be made in 
the bill to provide for the payment out (if the allowences 
of the tenitorial treasury. C)r should Congress in their 
lil)erality see proper t(.i make an appropriation to pay the 
excess of expenditures of the present Legislative Assembly 
ijver the aj^propriation heretofore made, a conditional pro- 
vision might be inserted in the bill to pay these allowances 
out of such appropriation. 

The principals of the Ijill, making the allowance t(.» the 
gentlemen therein named, I approve, but return it with the 
foregoing suggestion, with a hope that it may be modified 
so as to secure, in some way, the payment of the sums 
therein allowed. 

Very respectfully 

Your tfec 
(signed) Robert Lucas 



1839] Governor Robert Lucas 103 

[He'Mrded hy X and Governor Lucas] 

Executive Department I. T — 
Burlington, Jan^ 28. 1839. 

Dr. Sir, On Saturday evening after the Legislative As- 
sembly had adjourned, I rec'? you able rej^ort on the sub- 
ject of the Southern boundary of Iowa Territory — and I 
assure you Sir, that it would have done me a pleasure to 
have laid it before them had I rec? it during the session. . 
But this not being the case it will of necessity have to be 
filed with the Executive papers to be reported to the next 
Legislative Assembly at the commencement of the session. 

The Legislative Assembly adjourned on the 25'.'' Int. 
which terminates their limits of seventy five days. It has 
been one of the most stormy sessions — and I may say one 
of the most extraordinary Legislative Assemblies that I 
have ever had an acquaintance with, particularly^ their reck- 
less disregard to economy in public expenditures, and their 
profligate allowances extending to many thousand Dollars, 
beyond the appropriations made by Congress to defray the 
expence of the session. I have my doubts whether Con- 
gress will consent to post their extravagant bills. My opin- 
ion with regard, to the right of the Legislature to exceed 
in their expenditu[re]s, the appropriations made by Con- 
gress, were expressed in my Message. That opinion I have 
not changed, and I of course cannot approve their proceed- 
ings in that respect. Yet there has been some good done. 



1 W^ith this word the handwritina; changes from that of X- 



Governor Lucas by whom the remainder of the document was evidently recorded. 
— Editok. 



104 Executive Journal of Iowa [1839 

The Resolutiou that passed, early iu the session; requesting 
the Judges to prepare l;>ills for their consideration has had 
a good effect. The bills reported by the Judges generally 
passed without much alteration, and embraces the most 
important subjects, and as far as they go, I think our laws 
will be erjual to those of any of the states. 

Vy respectfully 

Your oljt svt 
Doctr James Davis Robert Lucas ^ 

Commissioner Boundry line 



[EecorJed by X ] 



Executive Department I. T 
Burlington Mar. 12. 1839— 
Sir, 

On my return to this place, after a short tour to the 
interior and frountier of the Territory, I received your com- 
munication of the 5'" ulto. — in which you inform me that 
you had been directed by the President to transmit to me 
the enclosed copies of a communication and its euclo[s]ures 
addressed to him by memljers of the Iowa Legislature — 
and to desire that I would furnish that Department with 
my exphnation of the circumstances which formed the 
ground of comjilaint — fur which communication and eu- 
clo[s]ures I sincer[e]ly thank you. 

I had been informed that a communication had been for- 



Autograph signature. — Editor. 



1839] Governor Robert Lucas 105 

warded to the President by certain dissatisfied members of 
tlie Legislature; but never, until the receipt of your com- 
munication could learn who they were, or the purport of 
their complaint 

I will take a brief notice of the communication, and pre- 
sent to the consideration of the President a few facts as 
they exist. 

To the first complaint — that, I do not possess the quali- 
fications which are required of a Governor in a new Terri- 
tory — I will not reply, leaving that question with those 
who are acquainted with my public services in Ohio and 
else where, for many years past. 

The next complaint is, that, "If any measure is called 
for by the People of the Temtory, it is a lamented fact 
that it meets with an Executive Veto, unless it agrees with 
his whims of the moment — he exercises his veto in all cases 
without regard to judgment or propriety and without I'espect 
to the feelings and rights of the Legislature." — T7ils charge 
has no foundation in truth, and as a refutation of the same, 
I transmit to the Department copies of all my communica- 
tions to the Legislative Assembly from the commencement 
to the close of the session, that can have any relation to the 
charge, and will solicit for them a cai'eful consideration; if 
there is any thing contained therein that encroaches upon the 
the prerogatives of the Legislative Assembly, or inconsistent 
with the wishes of the people of the Territory, it has escaped 
my notice, But on the other hand it will be found that in 
some of the acts and Resolutions from which I withheld 
my assent a disposition was manifested by the Legislative 



106 Executive Journal of Iowa [1839 

Assembly to exercise powers not guaranteed io them, to dic- 
tate to the Executive and to control his official acts. 

The complaint about the treatment <if members who 
called upon the Executive, has not the shadow of truth to 
suppoal it, and is of too trivial a character to meet with a 
special notice 

The complaint relative to my vet(.>ing (as they call it) the 
"Act regulating the intercourse betAveen the Legislative and 
Executive Departments of the Territory of Iowa," will be 
explained in my communication to the Council, returning 
the bill; to which I respectfully refer you. 

"With regard to special approvials, I did note on some 
bills, chartering Ferries across the Mississippi River, a note 
of explanation to the following eifect. 

"Note — So far as this act may be coustmed to interfere 
AA'ith pi'ivate rights, or or the property of the United States, 
it will be considered void, in other cases valied; with this 
note of explination I give it my assent." I did not consider 
that the Legislature had any right to grant t«:> individuals 
an exclusive privilige to occupy a ferry landing, where the 
property was either owned by private persons or the L'nited 
States. — The aljove endorsement was made on some ferry 
bills that passed early in the session, afterwards several 
bills passed with a proviso corresponding with that notice 
and were approved generally; the aljove contains the whole 
of the sj^ecial approvals complained of. If I Avas in error 
in thus endeavoring to protect the rights of individuals, and 
the property of the L^ S. I have not Ijeeu enabled to dis- 
cover where the error lies. 



1839] Governor Robert Lucas 107 

The complaint relative to the ["]Bloomington and Cedar 
canal company," I consider scarcely worth a notice. From 
their own statement it is evident that they did not under- 
stand the provisions of the bill, if they supposed it to con- 
fer banking privilages. It was a bill in which many citizens 
of the Temtory feel a deep interest and on its presentation 
to me was approved — as to any previous pledge given by 
the Executive, or the notice spoken of as ha^'ing been pub- 
lished in the Territorial Gazette before the bill had been 
presented to the Executive for his approval, I know nothing 
of them, and never heard of them till I saw it in the com- 
munication transmitted to me from Washington. 

The gentlemen complainants, state, that — "the bill was 
highly objectionable t(.i the Democratic members, but some 
of them voted for it to try the Democracy of the Governor." 
I was unable to discover that the bill had any relation to 
the principals of democracy — and if these self sti/IeJ, Dem- 
ocratic meinber^^ who they say "voted for the bill to try the 
democracy of the Governor" could tluis sport with the 
oaths they had taken at the commencement of the Session, 
'■'■faithfuUy anJ irnpartlallij to discliarge their duties to the 
best of their judijment and understandim/^ and at the same 
time to vote against their judgment and understanding, to 
try the democracy of the Governor; I confess that I do not 
envy the state of their moral sensibility. 

But some of these same members, subsequently to the 
passage of the Bill of which they complain, voted for the 
passage of one containing far more exceptionable principals, 
and Avhich I confess was approved by the Executi\'e with 
greate reluctance. 



108 Executive Journal of Iowa [1839 

They promised "that a memorial detailing all the facts 
which have thus far disgraced tlie admiuistratiou of Gov- 
ernor Lucas, will [would] ^ be presented before the final 
adjournment of the Legislature of Iowa, and it is [was]^ 
well known that the free and democratic citizens of the Ter- 
ritory will sustain their Representatives" — to the assertion 
that the free and democratic citizens of L:)wa will sustain 
their Representatives as far as opinions have been recently 
expressed, the direct negative is given 

The promised Memorial, and a counter Memorial, I under- 
stand liave been forAvarded to the President as well as a 
Remonstrance from the people against the memorial oi the 
majority of the Legislature — to which I respectfully solicit 
the attention of the President 

As far as I have been enabled to judge from the expres- 
sion of the petiple, during a tour of three weeks thro, the 
interior of the Territory I am satisfyed that m}' administra- 
tion is approved by a largt rnajoritu of the people of the 
Territory. 

The principals of my message at the meeting of the Leg- 
islature were approved by the people generally thro'out the 
country, and it is only at the grog shops and haunts of vice 
that the measures recommended in my message are openly 
denounced — I have strictly adhered to the principals therein 
recommended, and have in no instance knowingly departed 
from them. I was well aware <:if the responsibility I incurred 
in refen'ing in my Message to the practice of gambling and 
other vicious practices; particularly, that of wearing con- 

1 This word inserted later in pencil (probalily by Governor Lucas). — Editor. 



1839] Governor Robert Lucas 109 

sealed weapons. One of the members elect of tlie Legisla- 
tive Assembly — the late District attorney, was shot in the 
streets of this city; our situation and want of a proper 
organized government exposes us to the depredations of 
reckless, dissolute characters, our want of prisons render 
our penal laws entirely nugatory, and being bound by the 
oath I had taken "to see the laws faithfully executed", and 
having no means of performing this duty but thro, the 
agency of civil officers to be appointed by the authority of 
the Territory. I concluded at once to set my face against 
vice, and declared my determination to nominate none to 
office, who were known to be of bad moral character, or 
addicted to the habits of gambling or intemperance — This 
declaration was made public in my message — none however 
dared to oppose it openly, but it has met with a secret and 
determined opposition from a certain class of community. 

I have herewith transmitted copies of all communications 
from me to the Legislature during its session, (except those 
nominating officers to the council), from which the Presi- 
dent will be enabled to judge as to the trath of the charge 
of my having "exercised the veto power without regard to 
judgment or propriety." My only doubts are, that in my 
general desire to coincide with the Legislative Assembly, I 
have permitted some bills to pass, that were eiToneous in 
principal and defective in detail. 

With the exception of the bills refered to in the com- 
munications herewith transmitted, every bill that was pre- 
sented to me during the session of the Legislature was 
approved — Two bills were presented the evening after the 



110 Executive Journal of Iowa [1839 

Legislature had adjourned, and after many of the members 
had called to take leave of me. — 

One was an act to repeal "all acts and parts of acts of a 
general nature adopted and passed by the Legis[l]ative 
authorities of the Tenitories of Michigan and Wisconsin, 
and now in force in this Territory." 

This bill if approved would have left the Territory wiili- 
out laws on many importiant subjects — towit; the law 
authorizing marr[i]age together with nu\ny others of nijior- 
tance would have been repealed. 

The other bill, was "an act to provide for the compensa- 
tion of printers of the Legislative Assembly, and for other 
2mrposes''^ This last bill contains many extravagant allow- 
ances, Avhich I c<:insidered unwarrantable and in voilatiim of 
the organic law of the Territory — among which are allow- 
ances to the secretary of the Teixittny, to the amount of 
seventeen hundred and fifty dollars, the greater part of 
which are foi' the performance of duties that I consider as 
properly devolving upon him as Secretary of the Territory 
and for which the United States pays him an annual salary 
of $1200— 

The Legislature having adjourned before the bills pre- 
sented for my consideration, and being highly objection- 
able, were of course, filed among the Executive papers, to 
Ije reported to the next Legislative Assembly at the com- 
mencement of its session. — I would here remark, that the 
Legislature during its session declared that a Hesolution 
signed by the presiding officers, without the Executive 
sanction, was a sulKcient voucher for the payment of money, 



1839] Governor Robert Lucas 111 

in whicli opinion the Secretary concur [r]ed, and as I am 
informed paid the printers, members of the Legislative 
Assembly, their Iwst of offices, and sundry other allow- 
ances, upon such Resolution (this I do not state officially, 
as no such resolution was ever presented to the Executive 
for his approval.) The printed Documents however, here- 
with transmitted, will cast some light upon the subject — 
relative to the arrangement entered into between the secre- 
tary and Legislative assembly. 

These two acts, and those refer [r]ed to in my communi- 
cations to the Legislature, will present to the Department 
every act passed by the Legislative Assembly that was not 
approved by the Executive. 

As far as I have been enabled to judge of the cause of 
opposition to my administration, it has grown out of my 
recommendation to the Legislature to use economy in the 
expenditures of public funds, and my advice to them not to 
exceed in their expenditures, the appropriations made by 
Congress, together with my declaration to nominate no man 
to office who was given to habits of gambling, intemperance 
or of known bad moral character. 

A common opinion appears to prevail among the mem 
bers of the Legislatui'e and expressed by them without 
reserve, that, as the U. S. pays the expences of the Terri- 
torial government, the greater the expenditure the better 
for the Tery. to this opinion I dissent — I believe that we 
should be controlled, in our disbursments of money appro- 
priated by the U. S. by the same strict rules of economy 
that should govern us in the disbursements of private funds, 



112 Executive Journal of Iowa [1839 

01' of funds drawn directly from tlie people, ami I am satis- 
lied that the greate body of the people (_)f the U. S. are with 
me ill this opinion. 

I have had a most ardious and unjrdeasant duty to per- 
form in organizing the Teriitoi'y. I left my h<.)me on the 
eighth day after I recei'd notice of my appointment 

On my arrival in the Territory, I found that Sec^ Con- 
way had ((■•<suineJ the executive prerogative, had issued a 
proclamation dividing the Territory into Judicial Districts, 
and was about issuing a proclamation apportioning the Rep- 
resentatives and ordering an electi<:>n. He handed me the 
draft of his Proclamation and left for Davenport in less 
than an hour after my arrival at Burlington. Subsequently, 
he has not only done nothing to render me assistance, but, 
is generally helieved to ht tlie prime mocev of the oiypo^ition 
to my proceedings, and the author of the documents for- 
warded to Washington hj the members of the Legislature 
— and I can briefly state if Mr. CouAvay has performed any 
duty as Secretary of the Territory further than his connec- 
tion with the Legislative Assembly it is unknown to me. I 
know that he has not made up a page of Executive record; 
neither do I believe that he has recorded the certificates of 
the oaths of the Territorial office [r]s, as reipiired Ijy the or- 
ganic law. He appears to consider his ''Depart men f as he 
styles it — intirely independent of the Executive — He has 
not been at this city since the adjournment of the Legislature, 
the day following the adjournment he sent off (unknown to 
me) all the Legislative Acts of the last session. le\_a'\ving no 
record of them at the seat of Government, he is now at Dav- 



1839] Governor Robert Lucas 113 

enport, and I presume has the acts of the Legishiture with 
him. 

In condusion I will remark that since I have been in the 
Tenitory I have been compelled to perform both the duties 
of Executive and Sec? as far as, the duties of Sec^ were con- 
nected with the Executive Department. 

I have just completed the organization of the Tenitory 
and transmitted commissions to the various officers of the 
Territory without any assistance from the Sec^ 

I have made the foregoing statements for the purpose of 
enabling the President to form a coiTect opinion relative to 
the difficulties I have had to contend with, and the internip- 
tions thrown in the way of my administration. 

I feel a con[s]c[i]ousness of having thus far faithfully 
performed the duty entrusted to me by the President, in 
accordance with the avowed principals of his administration 
— and shall continue to do so under the Protection of Prov- 
idence, so long as the Executive duties of the TerT are 
entnisted to me. 

With sincere respect 

I have the honor to rem° 

Your Ob' Ser? 
Hon John Forsyth Robert Lucas 

Sec? of State of the 
U. S. Washing-ton City. 



114 Executive Journal of Iowa [1839 

[licwnhi/ bi/ Y ] 

Executive Dejiartmeut Iowa Territoiy 

Burlington March '20'^ 1839— 
Dear Sir, 

By last mail I received your communication of the 
16- ult. enclosing copies of a communication, and memorial 
from the Legislative Assembly of Iowa, with a rer^uest that 
I would communicate to the Department such information, 
as I had to offer in answer to the allegations in the Me- 
juorial= 

On the 12*^ Inst. I transmitted to the Department a com- 
munication iu answer to the memorial transmitted by certain 
members of the Legislative Assembly bearing date the 12- 
■of January. The allegations iu which I perceive to be sub- 
stantially the same as those in the memorial of the Last 
Legislature, transmitted to me. With my communication 
of the 12- Inst. I transmitted copies of all my correspond- 
ence with the Legislative Assembly, during its session to 
which I particularly refer you, as a refutation of the allega- 
tions in the memorial of the Legislative Assembly, as well 
as those contained in the memorials of certain members of 
the Legislative Assembly of the 12'-!^ of January 1839 I 
shall in a short time transmit to tlic Depai'tment, a more 
special answer; together with a brief history of the proceed- 
ings of the Legislative Assembly in connection with the 
jjroceedings of the Secretary of the Territory. 
With sincere respects, I am 
Hon. John Forsythe Secretary | Your Ol)t. Servt 

State United States \ Robert Lucas 



^^ 



r 



I-, 



u. 



, r 



f 







Illustrative of the^Iiandwj:iting^feY_i |^ ^ t;- t\ 



•^1 



V 






^ 



^ ^ ^' ^ 






^ 



r 












.^ 



Jzxecutv- 

[Rewdedhy 1' 

Executive Dep 

Bnrliugton Jiarcli I'lj- 
Bear Sir, 

By last mail I received your commuuiea . . 
16^- ult. enclosing copies of a coni' 
from the Legislative Assembly of 

I would communicate to tlie Dej^artment such information. 
as I had to offer in aii.-v,-.--?' to the allegations in the Me- 
anorial== 

On the 12Hi' Iv.f Depaitment a com- 

munication ill a.;.-.vO;. i» 

members of the Ledxi".^ ■■• i i , , . m 
^:-_ I 10 BrinnwbriGrl.'jrl) lo ^vituit^.uUl 



■of January. ':■ i 
stantiall' 
Le-i~i : 

L'-ui-i-utive Assciiiblj", <.:ari:,::.. 
... , .. - oiavly refer you, as a refutati 
ti'-i.- in the memorial of the Legislative Asso-m 
■iied in the memorials of cert 

_ :i Assembly of the 12''- i' " 

shall iii ;; short lime transmit t< 
^p^x-ial a^:-''. ■ ; together Avith a bri' 
ini;r oi: thv I '_;islative Assembl; 
pn.ce^-dings vi :h^-- Secretary of tl 
"''"ith -sincere rt- ■ 
Hon. J ou^r Foes Viir,: Secretary ^ 

State l.''nited Svates \ Robeki Luca.>: 



1839] Governor Robert Lucas 115 

[_Iiecorded hy X ] 

Executive Department I. T 
Burliugtou April 29. 1839 
To the Hon. 

Levi Woodbeeey 
SecT Treasury U S. 

Sir, 

I herewith transmit a cer- 
tified copy of an act of the Legisktive Assembly of the 
Territory of Iowa, approved the 25'? of January 1839 — 
entitled "an act to provide for the erecting a Penitentiary 
and establishing and regulating Prison disciplin[e] for the 
same" — together with a copy of the report of the board of 
Directors appointed under the provisions of said act. 

By this act it will be perceived that the Legislative As- 
sembly has a^jplied the Twenty thousand Dollars appropri- 
ated by an act of Congress — approved July 7'? 1888, for 
erecting public l^uikliugs in the Territory of Iowa to the 
erection of a Penitentiary. [(]See act of Congress 2^^ ses- 
sion 25'!' Congress top of page 113.) 

In the 5'!' section of the act of the Legislative Assembly 
of the Territory it is made the duty of the Governor to draw 
from the Treasury of the United States the said appropria- 
tion and to pay it over to the superintendent jjrovided for in 
said act for the purposes therein specified. In discharge of 
the duty enjoined on me by the S'!' section of the act of the 
Legislative Assembly of the Territory, and in compliance 
with the request of the board of directors apj^ointed under 
the provisions of said act (copies thereof accompany this 



116 Executive Journal of Iowa 1S39] 

communication and to which I solicit the particular attention 
of the Treasury Department) I have to request that a war- 
rent or draft on the Eeceiver of Public Monies at this place, 
or on the Bank at St. Louis may be transmitted to me for 
Twenty thousand Dollars the amount of the appropriation 
specified in the act of CVmgress of the 7'?* of July 1838 for 
public buildings in the Territory of Iowa. 

In making the foregoing recpiisition I think it proper to 
state that in the 13'!^ section of the act of Congress entitled 
"an act to divide the Territory of Wisconsin and to estal)- 
lish the Territorial government of Iowa" — approved 12"' of 
June 1838 — the sum of twenty thousand Dollars is granted 
to the Territory to defray the the expenses of erecting puhlic 
indltlings at the seat of ijovernment — and under the provi- 
sions of the late act of the Legislative Assembly establishing 
the seat of government for the Territory it will become my 
duty after receiving the Repctrt of the Commissioners ap- 
pointed to locate the perminat^ seat of government for the 
Territory ('who meet for that purpose next month) to draw 
on the Treasury of the United States for this appropriation 
of 5^20,000 to be paid to the Commissioners appointed to 
superintend the erecting of public buildings at the seat of 
government. 

In the .5"' section of an act of Congress "To provide for 
the support of the JMilitary academy of the LTnited States for 
the year 1838, and for other pui-poses, ap2>roved July T'!' 
1838 — (see laws U. S. top of page 113) an appropriation is 
made in the following words — For erecting puhlic huildings 

1 Permanent. — Editor. 



1839] Governor Robert Lucas 117 

m tJie Territory of loioa Twenty thousand Jollars. Our 
Legislative Assembly were of opinion that it would be more 
advantagious to tlie Territory to apply the last apjDropria- 
tion of Twenty Thousand dollars to the erection of a Peni- 
tentiary (considering it to come under the character of a 
public building in the Territory of Iowa) than to apply both 
appropriations to the erection of public buildings at the seat 
of government. 

The foregoing are the reasons why the two appropriations 
will be applyed for at diiiereut periods and under different 
Legislative acts. Should any objections arrise to paying 
these two appropriations in the manner requested by the 
Legislative Assembly in the several acts as above explained 
I would be thankful to receive the views of the Treasury 
Department on the subject. 

With sincere resjjects, 

I am Your Ob' Ser' 

Robert Lucas 



[Jiecorded by Governor Lucas'\ 

Executive Department Iowa Territ[or]y. 
Burlington May l-4»'> 1839 
Sir, 

Your letter of the 4'* ultima, acknowledging the receipt 
of my letter of the 12"' of March; and the ^lapers therewith 
transmitted has been duly received. In my communication 
of the 20"^ of March, I stated that I would transmit to the 



118 Executive Journal of low n [1S39 

Department, a niore special answer to the memorial of the 
Legislature together with a Ijrief history of the proceedings 
of the Legislative Assembly, in connection with the pro- 
ceedings of the Secretary of the Territory. As an answer 
to the memorial of the Legislative Assembly, (a copy of 
which you transmitted with your letter of the Kj'?" of Feb- 
ruary last) and a history of their proceedings as it relates to 
the subject. I would respectfully submit to the considera- 
tion of the President, in addition to these documents trans- 
mitted with my communication of the 12"' of March, the 
Protest of the minority of the House of Eepresentatives, 
(marked A) also a copy of a Ee monstrance forwarded to the 
President of the United States, by said minority, (marked 
B) Together with a memorial signed by sundry citizens of 
the Territory, concurring with said minority in their remon- 
strance (marked C) (Sundry co])ies of the document last re- 
ferred to, I understand have been forwarded to the President 
of the LT. S., by the citizens, from various parts of the Ter- 
ritory). To all of which, I would most respectfully solisitee 
the attention of the President, , and request that they may be 
filed in the Department of state, with those transmitted with 
my communication of the V2^^ of March last. The documents 
herewith transmitted contains a correct statement of facts, as 
they stand connected with these extraordinary pr(^ceedings of 
the Territorial Legislature, and the sentiments of the great 
body of the people of the Territory, as expressed in their 
memorials on that subject. 

The Secretary of the Territory, is still aljseut from the 
seat of government, and m:) attention has yet, been paid by 



1839] Governor Robert Lucas 119 

liim, to any duty, connected witJi the Executive department 
of the Territory. 

With sincere respect 

I am your 

obent servt 
Hon John Forsythe Egbert Ltjcas^ 

Secretary of State U. S 



[liccorded by Governor Li 



Executive Department Iowa Ternt[or]y 
Burlington May 18"^ 1839. 
Gentlemen, 

I have examined the Petition signed by you and numer- 
ous other citizens of Lee county set[t]iug forth that James 
Fike had been tried and convicted at the April Term of the 
District court in said county for an assault with intent to kill, 
and that the court had sentenced him to pay a fine of two 
hundred and fifty Dollars, and praying that the Executive 
might exercise the pardoning power, and that said fine might 
be ]'emit[t]ed (one of the petitions prays that a part of said 
fine may be rem [it] ted) The pardoning power, is one of 
the most dilicate, and responsible, powers that has ever been 
confer [r]ed upon any public functionary. It should be 
used with the greatest degree of caution, and never exercised 
but where the case presented comes beyond a doubt, within 
the class embraced in the grant of Executive power, and one 
in which by the sentence of the law, injustice had been done 



Autograph signature. — Editor. 



120 Executive Journal of Iowa [1S39 

to imliviclnals, tliat could not l)e remedied by the Judicial 
ti-iliunals of the country. In the 2'^ section of the Organic 
l^w defining the powei's of the Executive of the Territory it 
is declared that "the Governor, may grant j^ardons for 
offences against the laws of the Territory, reprieves for 
offences against the laws of the United States, until the 
decision of the President can be made known thereon;" 
^^ and shall tale care, that the laws he faithfully executed^ 

I hold it as correct doctrine. That public functionaries 
should never exercise a doubtful power. In the present 
case, the power to grant reprieves and remission of fines 
imposed for offences, under the laws of the Territory is not 
granted to the Govei'nor, if he interferes \\\\\\ the sentence 
of the court, under the Tei'ritorial law, it must ]:)e by pardon 
generally. 

If we admit that the general term Pardon by a liberal 
construction, might, l;)e applied to all classes of offences 
under the Territorial laws, what would be the consequences 
of such executive interference? Would it not conflict with 
the positive duty enjoined on him, " 7c> see that the laws he 
faithfu lly executed. ' ' 

The case i^resented in your petition may be a meritorious 
one, yet it is not, such a case as in my opinion would justify 
the executive interference with the sentence of the court. 
Neither should I consider myself, justified, either by expedi- 
ency or exjDress grant of power, to interpose the executive 
authority, to check the operation of the laws, Avhere the 
sentence of the court, only extended to a pecuniary fine. 
As the Territorial laws have not yet come into my posses- 
sion, I have been unable to learn their provisions, but pre- 



1839] Governor Robert Lucas 121 

sume that tliey are founded upon the same principles of the 
laws of the states generally — I should suppose, that the pen- 
alty imposed, for offences against the laws of the Territory 
accrued to the benefit of the county in which the offence 
was committed, and that the county commissioners who are 
the agents of the county, would have a right to remit fines, 
in cases where they might be considered unjust, or unreason- 
able; This I know is the case in some of the states, but 
not having as yet had an op[po]rtunity of exam[i]ning 
the laws of the Territory, I do not know that such pro- 
visions are contained in them. The county commissioners, 
as agents of the people in their respective counties, are in 
my opinion the most propei' tribunal to be vested with the 
power, to remit pecuniary fines that may accrue to the ben- 
efit of their respective counties. 

Under my present impression I should not consider my- 
self justifiable in interfering with the sentence of the court, 
in any case, when a pecuniary line only, was imposed for a 
violation of the penal laws of the Territory. 

You gentlemen, on a proper examination of the subject, 
will at once perceive the impropriety of the Executive inter- 
fering, in the case presented in your petition, or any other 
case, where a pecuniary line only, may be imposed, by the 
court, for a violation of the penal laws. 
Messr. 

He]s:ey Eno With Sine respect I am 

J. B. Brown your obend svt 

B. W. GiLLocK Robert Luoas^ 

E. GuTHRT, and others 



Autograph signature. — Editor. 



122 Executive Journnl of Iowa [1830 

Executive Departm[e]ut Iowa Terr[i]t[or] j, 
Bmiiugton June 15"^ 1839 
Hon Jksse Millek, 

first Auditor of the Treas[ur]y of the U. S. 
Sir, 

You are hereljy notified, that I will draw ou 
the Treasurer of the United States, for my Quarter Salary, 
as Governor of the Territory of Iowa in favour of the Re- 
ceiver of Public monies, of the Land office at Burlington 
Iowa Territory, from time to time as it becomes due, until 
otherwise directed. A Duplicate of this letter has been 
handed to the Receiver at his office. 

with sincere I'espect 

I am your obt 
Servant 

Robert Lucas ^ 
Gov. of Iowa Territ[or]y. , 



[Accorded l>;/ Gov,n>or Lucas] 

Executive L)epai'tmeiit Iowa Territ[or]y 
Burlington July 4"> 1839. 
Sir, 

I herewith ti'ansmit an amount current of the monies 
received, and paid by me, for Contingencies in the Territory 
of Iowa, for the year ending the 3'''' of July int. The 11"' 



Autograph signature. — Editor. 



1889] Governor Robert Lucas 123 

section of the Organic laws, declares that there shall be 
appropriated, annually, the sum of three hundred and fifty 
Dollars, to be expended by the Governor to defray the 
contingent expences of the Territory. The amount paid by 
me, as will be seen by the amount currant. Transmit [t]ed, 
is §55.81 i. more than the amount of the appropriation for 
the last year. The expenditures you will perceive, has 
been for maps, ofiice furniture, Rents and fuel, which were 
indispensible in the commencement of business, in this new 
Territory. 

You will be pleased, to transmit to me, as soon as con- 
venient, a Draft on the Receiver of Public monies at this 
place, for §350 the amount appropriated for contingencies, 
for the ensuing year. 

Yy respectfully 

Your obedt 

servt 

Robert Lucas ^ 
Hon Levi AYoodbuey 

Secretary of the Treasury 

United States. 



[Heconled hy Governor Lucas'] 

Executive Department Iowa Territory 
Burlington July 4'*> 1839. 
Sir 

Your communication of the 20*" May last in reply to 

1 Autograph signature. — Editob. 



124 Executive Journal oi Iowa [1830 

my letter of the ^U"' of April relative to the paymeut of the 
appropriation made by Congress for erecting Puljlic build- 
ings in the Tei'ritory of Io«a was duly received, and a 
copy transmit [t]ed to the Directors appointed under the 
laws of the Territory to superintend the erecting of a Peni- 
tentiary: also a copy was forwarded to the commissioners 
appointed in the act of the Territory, establishing the 
permanent Seat of Government of the Territory, and their 
attentions severally directed to the act of Congress, approved 
3P' of January 1823, as refe[rr]ed to by your letter. 

Both boards (as far as I can learn) are satisfied with the 
manner of disbursing the appropriations suggested in your 
letter, and will draw for the funds monthly as the work is 
performed, and materials furnished. The superintendents 
of the works, that have been aj^pointed by the Legislature, 
are unacquainted with the mode of transacting business 
^'ith the United States. If they could be furnished with the 
necessary forms of accounts, and Drafts, such as would be 
approved by the Department, it would be a great accomo- 
dation to them. 

Very respectfully 

your obed[i]ent 

servant 
Hon Levi Woodbury Robert Lucas ^ 

Secretary of the Treasury 
United States. 



Autograph signature. — Editor. 



1839] Governor Robert Lucas 125 

[HecorJed by Governor I^ucati] 

Executive Dejjartment Iowa TeiTit[or]y 
Sir, Burlington July 9*^ IS 39. 

I received your letter of the 8"" ultimo, informing me, 
that you had transmit[t]ed by mail 36 copies of the laws of 
the United States, for the use of this Territory, Third ses- 
sion 25* Congress; and requesting me when received to 
inform the Department thereof. 

In compliance with your recpest, I acknowledge that the 
same has this day been received at the Post office in this 
city. 

Vry respectfully your obt Sert 
Hon. John Foksythe Eobert Lucas. ^ 

Secretary of State U S 



[liecorded Inj Governor X(/c«a'] 

Executive Department Iowa Territ[or]y 
Sir, Burlington July Q''^ 1S39, 

By a late act of the Legislature of this Territory it is made 
the duty of the Governor to procure for the use of the officers 
of the Territorial militia a competent number of Books con- 
taining the system of instructions and regulations adopted for 
the government of the army, of the U. S. {But made no appro- 
priation of funds for the purchase of such hooles). I have 
examined various works on the subject, and have been lead 
to give the preference to the system of instructions and reg- 

^ Autograph signature. — Editor. 



12G Executive Journal of Iowa [1830 

ulatious recently compiled by Brevet Capkiin Cooper, under 
the supervision of Major (general Alexander 3Iacornh, as 
being the best elimeutary work extant, and well adapted to 
the use of the militia. I would therefore respectfully inquire 
whether we could be furnished Ijy the wai' department with 
a sufficient number of these for the instruction of the officers 
of our Territorial militia. We have not yet completed our 
militia organization. The Territory is divided into three 
Divisions, Six Brigades, and Twelve Regiments The Gen- 
eral and Field offic[e]rs, have all been appointed, and com- 
missioned, and some of the Regiments have completed their 
company organization, and the others are progressing, and 
I trust will soon all be completed. The Regiments may 
not at this time contain a full compleme[n]t of men yet I 
have reason to believe they will in a short time (by the 
unparalleled flow of emigration into our Territory) be fllled. 
AVe have in this Territory two companies of Dragi:)ons 
organized and several companies of Light troops, but they 
are without arms and accoutrements. C'ould we be fui-nished 
with a few hundred stands of Halls Caib)ines, Horsemens 
Pistols, Sabres, Rifles, and the various accoutrements, and 
munitions of war — necessary to enable us to defend our- 
selves in case we should be exposed to depredations from 
the neighboring Indian tribes, it would add much to our 
security. We are at present in a very defenceless situation, 
in this Teri'itory, our entire western frontier is exposed 
from St. Petei's on the Mississippi to the Council Blurt's on 
Missomi, and no public arms or mun[i]tions of war within 
our reach, or none nearer than Fraiiie De Chien, which is 



1839] Governor Robert Lucas 127 

at the north point of our settlements and too remote to be 
of any service to us. Could we be furnished with a sufficient 
supply of arms and munitions of «'ar, I am satisfied that 
with a proper organization, of our Territorial militia we 
would be able to defend ourselves against the depredations 
from Indians. I would therefore, most respectfully suggest 
to the consideration of the War Department, the propriety 
of establishing within the Te^-ritory at some central point on 
the Mississippi a Depot of Public arms and military stores 
sufficient for the supply of the militia of the Territory in 
case of need — The restless feelings manifested by many of 
the tribes of Indians on our North Western frontier should 
in my opinion admonish us to be prepared, for any and 
every emergency. I would be thankful to receive the views 
of the Secretaiy of War on these subjects, and shall at all 
times hold myself in readiness to cooperate with the Depart- 
ment, in every measui'e that may be adopted to secure the 
peace and safety of our frontier — 

^"ry respectfully 
Hon J E Poinsett your obt servt 

Secret [ar]y of War, U. IS. Robert Lucas^ 

Washington City. 



■ Autograph signature. — Editor 



128 



Executive Journal of Iowa 



[1839 



[Rtcordul by X_ 



Peoclamatiox. 

Sale of Lots in the Seat of Government of Iowa 
Territory. 

In pursuance ()f the act to locate the seat of Government 
of the Territory of Iowa, and the act supplimeutary thereof, 
approved Jan. 21. 1839. and iu compliance of the acting 
commissioner appointed under the provisions of said act, 
dated Iowa [City] July 17. 1839, I Robert Lucas, Gov- 
ernor of the Territory of Iowa, do hereby j^i'oclaim and 
make known, that there will be offered for sale, at two 
public sales, to be held iu the City of Iowa, situate [d] on 
the Iowa river, in the county of Johnson iu said Territory, 
the iirst to commence on 3''"' Monday of August, and the 
second on the first Monday of October next ensuing the 
date thereof, the following described lots, iu the city of 
Iowa, the seat of Government of said Territory, to wit: — 



No. of Blocks as divided 
in the plat of the city. 


No. of 
to be 
sale. 


lots 
offei 


in each Block 
ed at the first 


No. of 
to [be; 
ond sa! 


lots in each Block 
offered at the sec- 
e. 


Block No. 


100 


Lots Xo 


life 3 


Lots 


No. 


2 cb 4 - 




99 


" 




3, .5, 8 






1, 6, 7 - 




98 


" 




4, .5, 7 




" 


2 8- 




97 


" 




3, (3, 8 


" 


" 


1, 7 - 




9(5 






4, 6, 8 


1 ( 


•' 


2, h - 




95 






2, 0, 8 




" 


1, 3, 7 - 



1839] 



Governor Robert Lucas 



129 



92 
91 

90 
89 
86 
85 
84 
83 
82 
81 
80 
79 
78 
77 
64 
65 
66 
67 
68 
69 
63 
92 
61 
59 
58 
57 
56 
55 
54 



.) 


•5; 


^ 


3, 


5, 


8 


1, 


4, 


6 


1, 


i, 


8 





5, 


8 


3, 


5, 


8 


1, 


4, 


7 


1, 


3, 


7 


- 


4, 


7 


1, 


3, 


6 


1, 


5, 


7 
8 


2 


5 




5, 


7 


- 


4, 


7 




1, 


6 




4 






4 






4, 


7 




5, 


7 




i, 


7 




1, 


6 




1, 


3 




6, 


8 




5, 


7 




4, 


5 




3, 


5 




4, 


6 




1, 


3 





3, 


4, 


6 - 




i, 


7 - 


2 


3, 


5 - 





3, 


5 - 


1, 


4, 


7 - 




-) 


4, 


6 - 





6, 


8 - 





5, 


8,- 


1, 


2 


5 - 







7 - 




-J 


4, 


8 - 


1, 


4, 


7 - 




-7 


6, 


8 - 


1, 


3, 


5 - 




3, 


6 - 



2, 5, 6 - 

3, 4, 8 - 

2, 5, 6 - 

3, 4, 7 - 

4, 6, 8 - 
4, 7 - 

3, 6 - 
2, 6 - 

4, 6 - 

1, T - 

4, 7 - 



130 



Executive Journal of Iowa 



[1839 



Block Xo. 


51 
52 


Lots 


No. 


2 (fc4 
5, 6, 7, 8 


Lots 


No. 


1 (fe 3 - 






;. 


63 






5, 7 






6, 8 


U i^ 


50 
49 
48 
60 
44 
45 
39 






2,4 
2, 4 

1, 3 
2, 

2, 4 
6 






1, 3 

1, 6 

2, 5 
4 

1, 3 

5, 7 

6, 1 


Out Lots __ 










Blocks no 


25,30,31- 



The sale will be conducted under the direction of tlie 
commissioners appointed under the provisions of the afore- 
said act, and the terms of the several sales will be made 
known by them, at the commencement of the sale. 

In testimony whereof, L Roljert Lucas Gov- 
ernor of the Territory of L:)wa, have hereunto 
subscribed my name, and caused the great 
seal of the Territory to be hereunto affixed. 
Done at the city of Burlington, in the Terri- 
tory of Iowa, this 25'? day of July, in the 
year of our Lord one thousand Eight hundred 
and thirty nine, and of the Independence of 
the LTuited States of xlmerica, the sixty fourth. 
Robert Lucas 
July. 27. 1839. 



1839] Governor Robert Lucas 131 

[liecordt'd hy X ] 

To His Excellency Robert Lucas Governor of Iowa Territory. 
Sir, 

In the 02:)inion of the undersigned, Commissioners 
at the seat of Government for the Territory of Iowa, the 
public interest would be subserved by offering two or three 
additional lots in Iowa City after the sale, in pursuance of 
your proclamation of the 25'.'' July has closed this day; and 
we therefore recommend to your Excellency to issue your 
special Proclamation for that purpose. 

C. Swan | 

/o- j\ T T> ^ C Com''.^ 

(Signed) JoHX Kexolds^ 



[Eernrded Inj X ] 



To all whom it may conserne; — 

Be it known that in compliance with the foregoing- 
request of the commissioners — I, Robert Lucas Governor of 
the Territory of Iowa do hereby Proclaim and make known 
that the aforesaid commissioners are hereby authorized to 
offer at puljlic sale at such time as they may deem expedient 
previous to the close of the present sale, in addition to 
those already included in my proclamation of the 25'.'' of 
July 1839, any three lots in the city of Iowa to be selected 
by the said commissioners and duly returned in the list of 
lots sold, with those included in the original Proclamation. 

1 Should be Ronalds. — Editor. 



132 Executive Journal of Iowa [1839 

lu testimony whereof I have hereunto set my hand at tlie 
city of Iowa, in the territory of Iowa this 2P.' clay of 
August I80IJ. 

(Signed) Robert Lucas — 



^Recorded by X ] 

Proclamation 

By the Governor of Iowa Ten'itoi'ij. 

Whereas, it has been officially communicated to the 
Executive Department of this Territory of Iowa, by the 
county commissioners of Van Buren county, in said Terri- 
tory, that certain individuals, under pretence of authority 
derived from the state of Missouri, have recently been 
assessing the property of citizens of the United States resid- 
ing within the authorized limits of said county of Van 
Buren, in the Territory of Iowa, with a view to enforce the 
collection of taxes from them under jjretended authority of 
the state of Missouri, and thereljy obtain a sui^rejititious 
jurisdiction over a portion of the citizens of the United 
States residing in the said county of Van Buren, and within 
the rightful jurisdiction and organized limits of the Terri- 
tory of Iowa, as organized by the act of Congress " To 
illclih the Territory of Wisconsin anJ estahUsh tht Terri- 
torial Govi-rninent of loiraf approved V2^^ of June, 1838: 
And whereas, an act originally jiassed by the Legislative 
Council of Michigan, approved the 12"' of Febv 1885, was 
adopted as a law of Wisconsin, ])revious t(_) the division of 



1839] Governor Robert Lucas 133 

the Territory, aud by the 12"^ section of the organic act of 
Congress declared to be in full force & effect in the Terri- 
tory of Iowa, entitled An act to prevent the exercise of a 
foreign jurisdiction within the limits of the Territory. 

"Section 1. Be it enacted <fec that if any person shall 
exercise or attempt to exercises any official functions, or 
shall officiate in any office or situation within any part of 
the present jurisdiction of this Territory, or within the 
limits of any of the counties therein, as at this time organ- 
ized by virtue of any commission or authority not derived 
from this Territory or under the laws of this Territory, or 
under the Government of the United States; every person 
so offending shall, for every such offense, on conviction 
thereof before any court of record be punished by a hue 
not exceeding one thousand dollars, or imprisoned at hard 
labour not exceeding five years, or both, at the discretion of 
the court. 

"Sec. 2. Be it ifcc That if any person residing within 
the limits of this Tei'ritory, shall except of any office of 
trust from any state, or authority other than the Govern- 
ment of the United States, or this Territory, every person 
so offending shall be fined not exceeding one thousand dol- 
lars, or imprisoned five years, at the discretion of the court." 

And whereas, it is declared by the organic law to l^e the 
duty of the Executive — ["]^<? ^«^'^ <"«'"<? ^^><^ff ^^f(: Jaws he 
faUhfnUy executed,'''' I, therefore, in discharge of the duty 
imposed upon me by the constitution aud laws of the United 
States, as well as the laws of this Territory, do hereby pro- 
claim the, Act to prevent the exercise of a foreign jurisdic- 



134 Executive Journal of Iowa [1839 

tion ici'flu'n the 1 tin its of this Territory as aforesaid, to be in 
full force and effect, within the organized boundary of the 
Territory of Iowa; and admonish all persons, upon their 
peril, to desist from exercising any ofSeial function, or from 
( ifficiatiug 01" attempting to officiating or attempting to offici- 
ate, in any olEce, or situation whatsoever, within any part of 
the jurisdiction of this Territory, or within any of the coun- 
ties therein as at pi'esent organized, by virtue of any com- 
mission or authority not derived from this Territory, or 
under the laws of this, or under the (irovernment of the 
United States. And I do likewise admonish all persons 
residing within the limits of this Territory, to desist from 
, the acceptance of any office of trust from any state, or 
authoi'ity, other than the Government of the United States 
or the Tei'ritory of Iowa. And I do herel)y enjoin upon 
the district attorney of the United States, the district 
P[r]osecutor, of the first judicial district of the Territory, 
all sheriff's, constables. Justices of tlie Peace, and other 
peace (Officers, within the several counties of this Territdiy, 
bordering on the state of Missouri, to be vigilant, in pro- 
tecting the inhal)itants of the Territory, in all their rights, 
against encroachments, and to l:>e careful that the laws of 
the United States, and the laws of this Territory to be 
respected, enforced and faithfully executed, within the 
jiresent organized boundaries of the Teiiitory: and that 
through the instrumentality of regular judicial process, 
they cause all |)ersons, that may be found within the Ter- 
ritory of Iowa, voilating or attempting to voilate any of 
the provisions of the act as aforesaid (''to prevent the exer- 



1839] Governor Robert Lucas 135 

cise of a foreign juiisdictiou within the limits of this Terri- 
tory,") to be arrested and brought before the proper judi- 
cial tribunal within this Territory, to be delt with according 
to law. And I do most earnestly exhort all officers and 
citizens to be promjjt and vigilant in the discharge of their 
various duties, but at the same time, to be circumsjiect in all 
their actions, and under no circumstance, to permit them- 
selves to become the aggressers, or to act against the citi- 
zens or authorities of Missouri, without the aid of civil -pvo- 
cess, duly obtained from the proper judicial tribunals of 
this Territory, or the United States; and in all cases to act 
in sti'ict obedience to the command of such civil process — 
for in whatever form an encroachment may be made on the 
jurisdiction of the United States, in this Territory the only 
proper mode of restraining and coi-recting it is through the 
instrumentality of judicial tribunals. And it seems to me 
that we would be doing injustice to the enlightened discre- 
tion of the public authorities of the state of Missouri, to 
suppose that they would persist in their attempts to exercise 
jurisdiction within the present organized boundaries of Iowa, 
while Congress has the boundaries before them, and will, in 
all probability, settle it deffinitly at their next session. 
Should we, however be disappointed in our expectations, as 
to the paciiic disposition of the public authorities of Mis- 
souri, and they attempt to enforce an exercise of Jurisdic- 
tion within any part of the present organized boundaries of 
our Territory, there is but one path of duty pointed out to 
us — and that is, to mentain the jurisdiction of the United 
States over the full extent of this Teiuitory, as it was trans- 



136 Executive Journal of Iowa [1839 

fered to us by the United States at its organization, and to 
resist by the potent arm of the civil anthoi'ity, every en- 
croachment, npou our jurisdiction, until the boundary line 
l)e diffinitely settled by C!ongress, or altered l;)y authority of 
the United States. This duty cannot be dispensed w'lih. by 
the civil authority of the Territory of Iowa, and the atten- 
tion of all who may be required to act in the premises are 
solicited to the following suggestions from such acts of C!on- 
gress as may be brought to bare on the subject. The act 
of Congress for the punishment of certain crimes against the 
United States, provides — "That if any person or persons, 
shall knowingly or wilfully, obstruct, resist or oppose any 
officer of the United States in serving or attempting to serve 
or exercise any pri_^cess or warrent, or any rule or cjrder of 
any of the courts of the U. S. or ani/ oilier leijal or jvdhval 
writ or 'proctss u'liattvtr, or shall assault, or beat or wound 
any officer, or other person duly authorized in serving or 
executing any writ, rule, oi'der, or process or warrent afore- 
said, every person knowingly and wilfully offending in the 
premises, shall on conviction thereof be imprisoned not 
exceeding twelve months, and fined not exceeding three 
hundred dollars." — The ol^structiou by unarmed individ- 
uals, either singly, or in numbers, of the process and orders 
issued and made by the Officers of Iowa, would probably be 
reached hj this law. An attempt by a military force actu- 
ally embodied to suppress the jurisdiction of the Territorial 
Officers acting as they do under the laws of the United 
States, within the present organized boundaries of the Ter- 
ritory of Iowa, would expose the parties concerned to crim- 
inal prosecutions of a still more serious character. 



1839] Governor Robert Lucas 137 

The laws of the U. S. also provides, that when the civil 
power is obstructed by combinations too powerful to be 
resisted by the ordinary civil authority, the evidence of the 
fact shall be laid before the President, and if he deems it 
sufficient, a proclamation shall issue, and such measures may 
be adopted as he may deem exj^edient. to enforce an execu- 
tion of the laws of the United States, and t<i mentain the 
integrity of the Constitution. 

If therefore the service of civil process should be resisted 
by an armed force, or combination too powerful to be 
resisted by the ordinary civil authority, the sheriii, constable 
or other officer, who may have the civil process in possession 
at the time of such resistance, are I'equii'ed to take written 
evidence of the facts as they relate to such resistance, and 
report the same to this Department, to be transmitted to the 
President of the United States for his consideration and 
instructions. 

In testimony whereof, I, Robert Lucas, Gov- 
L S ernor of the Territory of Iowa, have [here]- 

unto set my name, and caused the seal of the 

Territory to be hereunto affixed. 
Done at the city of Burlington, in the Territory of Iowa, 
this twenty ninth day of July, in the year of our Lord one 
thousand eight hundr[e]d & thirty nine, and of the Inde- 
pendence of the United States of America, the sixty fourth. 

(Signed) Robert Lucas. 



13S Executive Journal of Iowa [1S39 

[Revorded Inj Go,-tn,nr Luca»\ 

Executive Dejiaitment Iowa Territory 
Biu'liugton September 11"' 1839. 



bir 

I liave the lioiior lierewitli to transmit to you a certificate 
of the Superinteudeut of the Penitentiary authorised to be 
erected in this Territory — certifying the amount of labour 
performed and materials furnished up to the U"' Instant, also 
an estimate of the sum required for the next sixty days 
amounting in the whole to J?"), 877, which certificate and 
estimate is approved by a ]\Iajority of the Directors, as will 
appear by the endorsement thereon — I therefoi'e in compli- 
ance with their request respectfully request that j'ou cause 
to be issued in the name of Amos Ladd the Superintendent, 
of said Penitentiary a check on the Receiver of Pul:)lic monies 
at this place, or on the State Bank of Missouri — to be paid 
out of the appropriation of J:<-2i>.O0(J, appropriated for erect- 
ing public buildings in the Territory of Iowa, which will be 
found, iu the 5"' section, of the Act entitled ■■An Act to 
provide for the support of a .Military Academy, of the 
United States, for the year eighteen hundred, and thirty- 
eight, and for other purposes" approved 7"' of July ls.">8. 
(See laAvs of the U. S. top of |>age 112) I also transmit a 
letter from the Directors of the Penitentiary addressed to 
the President of the U. S. witli a request that you would 
lay the same l»efore him. I trust that the letter of the 
Directors may be considered satisfactory, to the Treasury 
Department, and that the appro2:>riation of '^2U,U()0, above 



1839] Governor Robert Lucas 139 

referred to, may be drawn in accordance vrith. their wislies — 
With sincere respects 

I am Sine your 

Vy obend servant 
Hon Levi Woodbury Robert Lucas^ 

Secretary of the Treas[ii]ry U S 
Washington City 



[Iii.'Cor(7ed hy Governor Lucas] 
Proclamation 

By the Governor of Iowa Territory in reply to the Procla- 
mation of the Governor of the State of Jlissouri of the 
25"' of August^ 1S39. AVhereas a document has recently 
appeared in the public prints bearing the name of the Gov- 
ernor of the State of Missouri, and purporting to be a proc- 
h/iiiationissned by him under the Seal of the said State and 
bearing date the :2o"' day of August ISS'J, in which docu 
ment the Governor of Missouri after taking a superlicia 
view of my Proclamation of the 29''' of July last enters into 
a laboured effort to impress upon the public mind the 
belief, that the public authorities of the Territory of Iowa 
are attempting an encroachment upon the jurisdietiou of the 
State of Missouri, and are desirous of extending their juris- 
diction within the rightful boundaries of that State: with a 
view to remove erroneous impressions, by placing the facts 
before the citizens of the United States as they really exist, 

1 Autograph signature. — Eiutor. 



140 Executive Journal of Iowa [1S39 

I have deemed it my duty to enter into a pul^lic examina- 
tion of the Proehamation of the Governor of Missouri, and 
to present to the consideration of the citizens of the United 
States such facts as must convince every nnprejudiced mind 
that it is the State of Missouri, that is aiming at an extension 
of Jurisdiction and that the authorities of the Territory of 
Iowa are only exercising jurisdiction to the line that has 
from the organization of the State <:if Missouri till -within a 
very recent period been acknowledged by that State as her 
northern boundary line; and which line has been regarded 
by sundry acts of Congress and Indian treaties as the n< >i'th- 
eru boundary of Missouri, and to which line the Territory 
of Wisconsin previous to the division of the Territory, and 
subsequently the Territory of lo-wa have always under the 
authority- of the United States exercised an uncontrol[l]ed 
jurisdiction — In taking a view of the subject I deem it 
improper to enter into a general discussion of the Ijoundary 
question, as that is a matter that rests entirely between the 
United States, and the State of Missouri. 

By the 4*'' article of the C'onstitution of the United States, 
Congress has the power to dispose of, and make all needful 
rules and regulation, respecting the Territory, and other 
property of the United States — (Ju the IS"' of June 18?>S 
Congress passed "An act to authorize the President of 
the United States to cause the southern boundary line of the 
Territory of Iowa, to be ascertained and marked" — Com- 
missioners were appointed under the provisions of this act 
(Missouri declining on her part to apjioint a commissioner) 
and have made report to Congress on the subject, which 



1839] Governor Robert Lucas 1-41 

report now awaits the final decision of that body, who, 
alone, has the constitutional right to decide the question and 
to settle definitely the southern boundary of this Territory. 
With its decision the authorities of Iowa will be satisfied; 
but until this decision is made, the Territory of Iowa, acting 
under the authority of the United States can acknowledge 
no other boundary line than the one to which the Jurisdic- 
tion of the United States through their tenitorial officers, 
has ever been exercised from the time the country west of 
the Mississippi river, and north of the State of Missouri, 
was by an act of Congress attached to the Territory of 
Michigan for Judicial purposes, until the present time. 

I will now examine the claims of Missouri as set forth by 
the Governor in his Proclamation, and compare them with 
sundry official documents, and appeal to the calm tribunal 
of Puhlic Opinion to determine whether it is not the State 
of Missouj'i thai is attem-pting an encroachment upon tlie 
Territory of tlie United States, rather than the United 
States through their territorial authoriti[e]s, upon the rights 
of that state. 

The Governor of Missouri after a BOLD assertion "That 
the Territory of Iowa is now seeking to extend an unwar- 
rantable and unauthorized jurisdiction over a portion of ter- 
ritory which by the terms of admission of the State of Mis- 
souri into the confederacy has been and still is subject to 
the authority of that State," proceeds as follows to wit: 
"Whereas by an act of the Congress of the United States 
entitled "an act to authorize the people of the Missouri 
Territory to form a constitution and State Govern [m]ent, 



142 Executive Journal of Iowa [1839 

aud for the admission of such state, iuto the Union, on an 
e(|ual footing with the original states, and to prohil^it slavery 
in certain Territories." Approved March (5"" 182U. The 
Territory of the State of Missouri has been set forth, pre- 
scribed aud forever ceeded by the United States to said 
State, as the same is declared, to be included, within the 
following boundaries to wit: — Beginning in the middle of 
the ]Mississippi river on the parallel of o(i degrees of north 
latitude; thence west along that parallel of latitude to the 
St Francis river; thence up aud following the course of that 
river in the middle of the main channel thereof to the par- 
allel of latitude of thirty six degrees and thirty minut[e]s, 
thence west along the same, to a point where the said jiaral- 
lel is intersected hy a meredian line passing thi'ongh the 
middle of the mouth of the Kansas river, where the same 
empties into the Missouri river; thence from the point afore- 
said north along the said meridian line to the intersection 
of the parallel of latitude which passes through the rapids 
of the river Des Moines, inal'ing the said line to correspond 
■ivitJi the Indian hounda)-y line; thence east from the jioint 
of intersection last aforesaid, along the said parallel of lati- 
tude to the middle of the main channel, of the main fork, 
of the said river Des Moines, to the mouth of the same, 
whei'e it empties into the Mississippi river, thence due east 
to the middle of the main channel of the Mississi])pi river, 
thence down and following the course of the Mississippi 
rivei" in the middle of the main channel thereof to the place 
of Beginning — Which said boundaries have been ratified by 
and incorporated into the Constitution of that State" — To 



1839] Governor Robert Lucas 143 

the foregoiug quotation we have no objection; it is a descrip- 
tion of the boundaries of the State of Missouri, as defined 
in the Constitution of that State. . ( with the omission of the 
following words, which are found in the Constitution after 
the words ' ' chan\_n^el of the main fori: of the said river Des 
Moines'''' viz — Thence down and along the middle of the 
main channel of the said river Des Moines^) But to the 
construction given to it by the Governor of Missouri, and 
the conclusion drawn by him as to the right of Missouri to 
construe it to suit her own conven[i]enc[e] and to extend 
her boundary into the territory of the United States, with- 
out the assent of the General Govmt, as well as her gratu- 
itous assertions " That the Territory of Iowa is now seeking 
to extend an -unwarranted and unauthorized jurisdiction^^ I 
do entirely and unequivoccdly dissent; and I think neither 
the Governor of Missouri nor any other public functionary 
in that state, will seriously assert that Missouri ever claimed 
jurisdiction north of the line commonly known as Sullivans 
line until 1S37. . or that they ever attempted to exercise 
jurisdiction north of that line, until the late surraptitious, 
attempt, under the Missouri act of the 16"' Febry 1839, by 
assessing the property of citizens, of the United States 
residing north of said line and of which notice was taken in 
my proclamation of the 29"' of July last. 

The act of Congress of the C"' of March 1S20, and the 
Constitution of the State of Missouri adopted in conformity 
to said act, both, in defining the boundaries of the state 
declare that the State of Missoui'i shall be bounded West 
"by a meridian line passing through the middle of the 



144 Executive Journal of Iowa [1839 

month of thf Kansas rixtr, \\here the same empties into the 
jMissonri river; thence from the point aforesaid north along 
the said meridian line to the intersection of the parallel of 
latitude which passes through the rapids of the river Des 
Moins, malint/ sal<l line to correspond 'witJi the Indian 
houndary line: thence east, from the point of intersection 
Ic/st ((foresaid along the said parallel of latitude to the mid- 
dle of the main chau[n]el. channel of the main fork of the 
said river Des Moins thence down and along the middle of 
the main channel of the said river Des Moins to the mouth 
of the same where it empties into the Mississippi river; 
thence down and following the course of the Mississippi 
river in the main channel thereof to the place of beginning" 
— Thus we see that the .State of Missouri is bounded ivest 
by a mei'idian line, passing thr( )ugh the middle of the mouth 
of Kansas river thence north along the said meridian line 
to the intersection of the parallel of latitude -n-hich passes 
through the rapids of the river Des Moins, niafing said line 
to correspond n:ith tin: Indian honndanj line'''' — Encpiiry 
may be luade as to the legal meaning of the word corre- 
spond. If we consult M'' "Webster who is generally admit- 
rt]ed to be good authority, we find its meaning defined as 
follows to wit: To snit, to ansicer, to agree, to ft, to he 
co/njruons, to he adapted to; If we give the word corresjyond 
either of the foregoing definitions the conclusion must be 
drawn that it was used as a (jualifying expression, and 
intended to controle the parallel of latitude that was to 
form the northern boundary of Missouri. The term '■^pass- 
ing thirongh tlie rap'ids of the river Des AFoins'''' is indefinite 



1839] Governor Robert Lucas 145 

and without a fixed point — Tlie western line being a merid- 
ian line passing through, the mouth of Kansas river was 
definately fixed at that point, and in running north with 
said meridian line would vary neither east or west, but was 
governed in its extention north by a corresponden [ce] with 
the Indian boundary line and an intersection of the parallel 
of latitude passing through the rapids of the river Des 
Moins. The enquiry may here arise, as to the locality of 
the line known at the time of the passage of the act of Con- 
gress; and the adoption of the constitution of the state of 
Missouri, as the Indian Ijoundary line — By reference to 
the history of that period it a23pears, that in 1816 some 
years before the admission of the state of Missouri into the 
Union, M'' Sullivan under the dii-ection of the Survey [or] 
General of Missouri, Genl W™ Rector, run the line that has 
been always since that period known as StdUvan'' s line, or the 
old Indian houndary line. This line commenced at the 
mouth of Kansas river and ran with the Meridian line north 
one hundred miles, from the mouth of that river, and from 
thence east to the river Des Moins. From some cause — 
probably an omission to adjust the compass, while running 
the line — the line run by M"" Sullivan has been found to 
strike the Des Moins river several miles north, of a due east 
line run from the termination of the Indian boundary, one 
hundred miles north of Kansas river. The line however, 
known as Sullivan's line has been acknowledged by the 
authorities of Missouri and the United States as the northern 
boundary of the State of Missouri; and if the Governor of 
Missouri will turn his attention to the map of his oion State, 



146 Executive Journal of Iowa [is39 

published by Brown <fe Bancroft a few years after the 
admission of Missouri, into the Union, and while all the 
localities of the places refer [r]ed to in the act of Congress, 
and Constitution of Missouri, were properly understood, he 
will hud, that Sullivan's line, is laid down, as bounding the 
State of Missouri, west and north, — that the Xorth west 
corner of the State is placed one hundred miles north of the 
mouth of Kansas river, and from thence the line is I'un east to 
the river I)es Moins, and down the same to the Mississippi 
river — that there is no place marked on the map as rapids 
in the Des Moins river, but that the rapids in the Missis- 
sippi above the mouth of the Des Moins river, and marked 
on said map as ^'■rapiJti De>< MohiM^^ This location of the 
rapids, called in the constitution of Missouri '•'•Itapid^ of the 
fiver Des Aloins'''' corresponds with the opinion of the late 
Gov Clark of Missouri as expressed expressed in an official 
letter written by him to the Commissioner of Indian aifaii's 
Dated January 13"^ 1838. In this letter Genl Clark Says: — 
"In the year 1816 (I think it w^as) Col John C Sullivan 
was employed l^y the United States Surveyor General Wil- 
liam Rector to run, and did run and mark the line which 
has since been marked in most if not all maps as the 'western 
and 'norther)), howidaries of the State ef Jli-'^sotn'i, com- 
mencing at the mouth of the Kansas river and running one 
hiindred miles, and thence east to the Des Moins river". 
The language in the hrst article of the constitution expressly 
refers to so much of the line as i-uns one hundred miles fro?n 
the month of Kansas river, and the impression was very 
generally prevalent, after the adoption of the State Consti- 



1839] Governor Robert Lucas 147 

tution that the survey of Col Sullivan was not only a part 
of the western, but the northern line of the state and in 
fact that both were synonymous with the Indian boundary 
line" Gov Clark further states "that as early as the year 
1824, four years after the constitution was formed and when 
the subject of boundary was still fresh in recollection Treaties 
were made with the loways and Sacs and Foxes in which 
the north west corner of the state is expressly referred to: 
and in one of them Col Sullivan's survey is mentioned. In 
1825 the Treaty with the Kansas again refers to the north 
west corner of the state, and as late as 1830 the same term 
is used in the treaty made with various tribes at Praare 
du Chieu". The foregoing treaties refeiTed to by Genl 
Clark as well as several subsequent ones concluded with 
various tribes of Indians to wit: the Treaty concluded by 
Genl Scott for the purchase of the present surveyed part of 
Iowa TeiTitory, refers to the northern boundaiy of the State 
of Missouri; so does the treaty concluded with Sac and Fox 
Indians at AVashington in 1837; also all the treaties con- 
cluded with the various tribes of Indians for the purchase 
of the land lying between the west line of the State of Mis- 
souri and the Missouri river, refers to the north west corner 
of Missouri and some of them fix this corner one hundred 
miles north of Kansas river. The line known as Sullivan's 
line has been recognized as the boundary between the Sur- 
veyor Gen[e]rals distri[c]t of Missouri and Illinois, and the 
Surveyor Gen[e]rals distri[c]t of Ohio Indiana Michigan 
and Wisconsin. All the surveys of the public lauds have 
been governed by that line, and it has been refer[r]ed to in 



148 Executive Journal of Iowa [1839 

all the acts of Congress creatiug laud districts, both iu Mis- 
souri and Iowa, bordering on said line, and the land over 
which the authorities of Missouri uoav wish to exercise juris- 
diction was surveyed under the direction of the Surveyor 
General at Cincinata Ohio as lying within the boundary of 
Wisconsin, and returned to the Register of the land office 
at Burlington Iowa Territory, and by Proclamation of the 
President of the United States was sold at that place as 
lying within the Territory of Iowa, and the citizens of the 
United States over which the authorities of Missouri now 
wish to exercise jurisdiction, and to levy taxes upon them, 
purchased the lauds on which they live from the United 
States as lying within the Territory of Iowa and settled 
upon them as such. The line that has universally been 
known as Sullivan's or the Indian boundary line, and which 
has been recognized by all the authorities as aboved cited, 
is the line to which the Tenitory of Iowa acting under the 
authority of the United States has heretofore exercised unin- 
terrapted jurisdiction, and it is the line to Avhich it intends 
to exercise jurisdiction until Congress declares some other 
line to be the boundary of the Territory — We have never 
pretended to exercise or claim jurisdiction south of that 
line, neither do we desire to do so, until the question of 
boundary, is definitely settled by Congress. With the fore- 
going incontrovertible facts presented to the calm consid- 
eration of the citizens of the United States we submit our 
cause to their decision and ask of them to judge between 
the authorities of Iowa and those of Missouri and determine 
from the facts iu the case how far the Goverudr of Missouri 



1839] Governor Robert Lucas 149 

lias been sustained in his assertion, that the Tenitoiy of 
Iowa is now seeking to extend an unwarranted and unau- 
thorized jurisdiction over a portion of Missouri — whether 
this assertion has any foundation in trath or reason, and 
whether it is not on the contrary, the authorities of Mis- 
souri that are now seeking, to extend an unwarranted and 
unauthorized jurisdiction over a portion of the citizens of 
the United States residing in the Territory of Iowa — The 
Governor of Missouri after proclaiming the law of that 
state approved February 16"^ 1839, which appears to have 
passed in defiance of the act of Congress of the 18"" of June 
1838, authorizing the President of the United States to 
cause the Southern boundary line of the Territory of Iowa, 
to be assei-tained and marked, and after the commissioners 
appointed under the authority of the United States had 
made their report to Congress, assumes this Missouri law to 
be of supreme authority — claims the line run by the Mis- 
souri Commissioners in 1837 without the consent of the 
United States as the boundary — and with an air of author- 
ity, commands aU officers in the State of Missouri civil and 
military, to hold themselves in readiness to enforce the laws 
of Missouri over the Temtory of the United States, thus 
vaguely claimed by that state. — We as citizens of the 
United States residing in the Temtory of Iowa and under 
the authority of the United States, consider vague all the 
authority, pretentions and claims of Missouri of every char- 
acter and description to extend her jurisdiction north of the 
line known as the Indian boundary line and to which spe- 
cial reference is made in the constitution of that state — We 



150 Executive Journal of Iowa [1839 

deny the right of the Legislature of any state to extend their 
boundaries into the Territory of the United States without 
the consent of Congress. We deny to the state of Missouri, 
the right to exercise jurisdiction of any kind north of said 
line — We deny the right of any foreign gov[e]r[n]m[en]t 
to tax the citizens of the United States residing within the 
organized boundaries of the Territory of Iowa, or any other 
interference with their rights, and consequently shall disre- 
gard any authority or pretended authority, or claim of the 
state of Missouri, to exercise jurisdiction within any part of 
the Territory of Iowa as the same was transferred to us by 
the United States at the time of our organization, and over 
which we have exercised an uncontrolled jurisdiction — 
We shall view all acts that may be done by the authorities, 
of Missouri or by individuals under pretence of authority 
derived from that state (north of said line as having been 
done without any authority, and in violation of the laws of 
the Territory and those of the United States, and subject to 
be prosecuted accordingly — Should the authorities of 
Missouri, in their attempt to collect taxes from the citizens 
of the United States within this Territory trespass upon 
them they will be liable to an action for damages, should 
they forcibly take and carry away the property of any of 
our citizens th[e]y will be liable under the laws of the Terri- 
tory to be indicted for robbery, as well as an indictment 
under the law to prevent the exercise of a foreign jurisdic- 
tion within this Territory, and should they march with an 
armed force as indicated in the Proclamation of the Govern- 
or of Missouri, and invade our Territory, they may ultimately 



1839] Governor Robert Lucas 151 

find to their regret, that it is not the infant Terr[i]t[o]ry 
of Iowa that they are warring ag[ai]nst but that by such 
overt act they have levied war against the United Stat[e]s 
and by invading the terr[i]tory of the United States with 
an armed force they have subjected themselves to all the 
consequences of such acts of temerity — The Gov [er] nor of 
Missouri in the concluding paragraph of his Proclamation 
stat[e]s that "in fulfilling the duty imposed upon him by the 
constitution and laws of the state, which are so ordered that 
no right exists which enables the Executive to interpose its 
power in order to aiTest, or even delay the progress of the 
civil authority, until such time as the causes of the present 
diificulty may be removed, and that no alternative is left 
but to carry the laws of that state into ful[l] and complete 
execution" — What is to be understood by the foregoing 
sentence i Does the Governor of Missouri wish to be under- 
stood as regret [t]ing the existence of the law that gave him 
no power to interpose the Executive authority to delay its 
progress until such time as the causes of the present diffi- 
culty may be removed? If so, why the passage of the Mis- 
souri act of the 16"" of Febry 1839, in the face of the act of 
Congress, and after the Commissioners had submit[t]ed 
their report? If the Governor was individually anxious to 
avoid difficulty, why approve the act of Missouri that is the 
very cause of all the difficulty I Why the military attitude 
assumed by Missouri, if there was not a disposition on her 
part to create a difficulty^ Who has originated the cause 
of the present difficulty, as referred to by the Gov[er]nor? 
and who is pressing it on to the disturbance of the public 



152 Executive Journal of lo^vn [1S39 

peace? — Au euligliteued commuuity will answer these quer- 
ies — The Governor of Missouri further says "that he 
must at the same time express his extreme regret that the 
peaceful and kind interchange of friendly feelings Ijetween 
the Citizens of Missouri, and the Citizens of the United 
States residing within the Territory of Towa is likely soon 
to be harshly suspended and that a violent severance is 
about to be applied to ties that should bind a people whose 
language, habits, pursuits and principles are the same and 
whose mutual interests prompt them to be neighbors in 
sentiment as well as locality". None regrets this state of 
things more than the citizens of the United States residing 
in the Tenitory of Iowa; liut who let me ask, has Ijeen the 
cause of all this difficulty l who is about to cause the harsh 
suspension of friendly feelings — this violent severance of 
ties that should l»ind us together as neigh liors i Has it 
been caused l:)y any of the authorities of the Territr)ry of 
Iowa, or citizens of the United States, residing within this 
Tenitory ? Certainly not. The authorities of the Territory, 
and those of the United States within the same, — nor any of 
the citizens residing therein, have never interfered Avith the 
authorities or citizens of Missouri, within the ceded and 
constitutional lioundaries of that state, neither do they intend 
to do so; but they have exercised iurisdi[c]tiou over the Ter- 
ritory transferred to them by the United States, at the organ- 
ization of the territorial gov[ern]ment, and intend (as be- 
fore observed ) to continue to do so the menaces and threats 
of the authorities of Miss(niri to the contrary notwithstand- 
ing — And if the friendly feelings between the citizens of 



1839] Governor Robert Lucas 153 

Missouri and those of tlie United States, residing in tlie 
Territory of Iowa, should be forever severed, and instead of 
friends and brothers we should be compelled by the intni- 
sions of Missouri upon our rights, to view them henceforth 
as aliens in feeling and enemies in practice, and thereby be 
induced to withdraw our confidence from the citizens and 
authorities of that state and bestow it upon our neighbors 
on the east of the Mississippi with whom our institutions 
habits and commercial interests are intimately connected, 
such a state of things, will be the natural results of the Mis- 
souri policy — I repeat if^ If the unjustifiable course of Mis- 
souri in her attempt to tax our citizens, and to enforce the 
collection of taxes from them, be persevered in, and the 
citizens of the United States, within this Tenit[or]y, be 
compelled thereby, to withdraw their confidence fi'om the 
citizens and authorities of that state, both social and com- 
mercial, and bestow it, upon their neighbors, on the eastern 
side of the Mississippi, river, — The Sin wiU be with the 
politicians of Missouri — it will be because they -would have 
it so, and with the authorities of that state must rest the 
consequences. 

The Governor of Missouri in conclusion states that, "in 
declaring his individual feelings, on this subject which he 
has every I'eason to believe, are felt generally by the citizens 
of that state, he entertains a hope, that, the enlightened 
authorities, of the Territory of Iowa, will permit, to be offered, 
no obstruction, to the peaceable and quiet administration, of 
the laws of Missouri within the ceded and constitutional 
limits of that State." 



154 Executive Journal of Iowa [1839 

I can here assure tbe Governor of Missouri, that the author- 
ities of the Territory of Iowa, never have offered any obstruc- 
tion to the peaceable, and quiet administration of the laws 
of Missouri, within the ''ceded and constitutional limits of 
that state ' ', neither do they wish to offer any such obstruc- 
tion, neither do they wish to interfere with the officers, or 
citizens of Missouri either directly, or indirectly, within her 
ceded and' constitutional lintits: but (I repeat the Declara- 
tion) they do intend to exercise jurisdiction, within the ceded 
and constitutional limits of the Territory of Iowa, and to 
oppose the strong arm, of the civil auth<)rity against all who 
may attempt an encroachm[e]nt upon their rights, within 
the same. And if the Governor of Missouri will restrain the 
authorities of that state fr()m encroaching upon the rights of 
the citizens of the United States, within the ceded and con- 
stitutional [limits] of this Territory — we will assure him, 
that the authoidties of the Territory of Iowa, will not pass 
over the generally acknowledged line, to interfere with the 
institutions of Missouri, the rights of her citizens, or the 
peaceable exercise, of its legitimate constitutional authority. 

Whereas it appears by the Proclamation of the Governor 
of the state of Missouri, that our anticipations relative to 
the pacific disposition of the authorities of that state, have 
not been realized, but that her authorities both civil and 
military, have been called upon, by proclamation of the Gov- 
ernor, to hold themselves iu readiness to enforce the juris- 
diction of that state, over a portion of the citizens of the 
United States, residing within, the ceded and acknowledged 
boundary of this Temtory — And whereas it becomes our 



1839] Governor Robert Lucas 155 

duty, to maintaiu the jurisdiction of the United States, over 
all the Territory acknowledged at the time of its organiza- 
tion, to be included within the boundaries of the Temtory 
of Iowa; until other boundaries are fixed by the Congress of 
the United States — I therefore Robert Lucas, Governor of 
the Territory of Iowa, do hereby specially call, the attention 
of the District Attorney, and Marshal of of the United 
States, to this subject; as the ministerial officers of the laws 
of the United States, within this Territory, and the legiti- 
mate guardians of the peoples rights under them; and respect- 
fully direct, that they exercise a vigilant promptness, in 
causing the laws of the United States to be respected and 
enforced, within the organized limits of the Teriitory of 
Iowa, and that they cause all offenders against the laws of 
the United States, within this Tenitory to be prosecuted, 
an'ested, and brought to trial, before the proper tribunal of 
the United States And I do further specially call the 
attention of the District Prosecutor of the first Judicial dis- 
trict of this Territory, and the sherift' of Van Buren county 
to this subject, as the ministerial officers of the laws of 
the Territory, within the district of country over which 
the authorities of Missouri have attempted to obtain a 
suiTuptitious jurisdiction, — and specially, direct them, that 
they exercise vigilant promptness in causing the laws of the 
Territory to be enforced within the said county of Van 
Buren; and that all offenders against the same be promptly, 
prosecuted, arrested, and brought before the proper judicial 
tribunals, within the Territory, to be dealt with as the law 
directs. 



156 Executive Journal of lown [1S39 

111 tlius calling iipou the civil authority we do it under the 
firm belief that it is sufficiently potent, to protect the rights 
of the Citizens of the United States, as ^yell those guaran- 
teed to them, by the laws of the United States, as those of 
the laws of the Territory — Should the Marshal of the United 
States, however, under any circumstance deem it expedient 
to call to his aid in the service, or execution of civil process, 
a j^osse com/jiiiafns, of arme<l men, he has the whole force 
of the Territory at his command; and in like manner, should 
the sheriff of Van Buren county, deem a 2)0sse comviitatus 
necessary to aid him in the service or execution of civil pro- 
cess, he has the whole power of the county at command. 
With regard to the necessity or propriety of a call for a 
posse com III if ((til s, The respective miusterial officers, must be 
the Judges, both as to the Call, and force required. Further 
than this, we consider an allusion to a military, or armed 
force, at this time, to be entirely <.>ut of place. We, tliink 
the civil authority of the United States is sufficiently power- 
ful, to bring offenders to justice, and though it may not be 
adopted, to nuake as forcible an impression, at the commence- 
ment, as the military arm, yet generally, it opperates with 
more certainty, upon offenders — it is more seriously felt in 
the sei.juel, and more dura]_)le in its effects upon those it 
oj^erates upon. I therefore exhort the Citizens of the United 
States, residing in Van Buren county — those in particular, 
over whom the authoiities of Missouri are seeking to exer- 
cise an unwaiTantable, and unjustifiable jurisdiction, — to be 
calm, and discreet, in all your acts. Look up to the civil 
authoiities, of the United States, for protection. Should 



1839] Governor Robert Lucas 157 

you even be tlireatened, with extermination, by the all pow- 
erful arms of Missouri; be not dismayed — you are neither 
slaves, that you should pay tribute to a foreign govern- 
[menjt, nor passive members, of a defenceless community, 
that you should be taxed without your consent, — You oc- 
cupy the exalted station of free, and Independent citizens of 
the United States — You purch[as]ed the land on which 
you reside, from the United States, as lying within the Ter- 
ritory of Iowa. — You have settled upon them as such — 
you owe no allegiance to any other govern [ men] t, and have 
therefore a right, to claim from the Govern [men] t of the 
United States, the protection of all your rights and privi- 
leges, which protection, will be extended to you, through 
the civil authority, in the first place; but should your county 
be invaded, by an armed force, too powerful to be resisted 
by the ordinary process of the civil authority; I repeat the 
request made in my Proclamation of the SO''' of July last, 
that "written evidence of the facts be immediately taken, 
and forwarded to this Department" which will be forwith 
transmit [t]ed to the President of the United States, and his 
interposition and instructions solisited; And you may rest 
assured, that should the President of the United States, 
authorise us to repel force by force should our Terr[i]- 
t[or]y be invaded, it will be jDromptly done, regardless of 
the boasted prowess, and superior numbers of the Missouri 
Militia. 

In Testimony whereof, I have hereunto set my name, and 
caused the seal of the Territory, to be hereto affixed. 



158 Executive Journal of Iowa [1839 

Done at the City of Burliugtou, iu the Terri- 
L. S. toiy of Iowa, this twenty fifth, day of Sep- 

tember in the year of our Lord, one thousand 
eight hundred and thirty nine— and of the Independence of 
the United States the sixty fourth; and of the organization 
of the Territory of Iowa the Second. 

Robert Lucas ^ 



\_Recorded by Governor Luras\ 

Proclamation by the Governor 

Whereas the first, and seventeenth, sections of the Act of 
the Legislative Assembly of the Territory of Iowa "Ap- 
proved the 25'" of of January 1839, Entitled "An Act pro- 
viding for and regulating Elections iu this Territory," as 
copied verbatum from the manuscript roll, as it was origi- 
nally approved, and deposited in the office of the Secretary 
of the Territory, Reads in the following words, to wit. 

"Section 1 Be it enacted by the council and House of Rep- 
resentatives of the Territory of Iowa — That an Election for 
members of the House of Representatives, and for county 
officers shall take place on the first Monday iu August next, 
and on the same day iu every year thereafter; an Election 
for delegate to Congress, for members of the council and 
county recorder, shall take place on the first monday in 
August next and [eighteen hundred and] forty and on the 
same day in every second year thereafter, and all General 

^ Autograph signature. — EniTou. 



1839] Governor Robert Lucas 159 

and special elections for Delegate to Congress members of 
Council and House of Representatives and all county, Town, 
and district officers, shall be conducted in tlie manner here- 
inafter prescribed" Section 17''' The Clerk of the board of 
Commissioners immediately after making out abstracts of 
votes given in his county, shall make a copy of each of 
said abstracts and transmit it by mail to the office of the 
Secretary of the Territory, and it shall be the duty of the 
Secretary of the Territory -with the Marshal of the Terri- 
tory, or his deputy, in presence of the Governor, to proceed 
within fifty days, after the Election, and sooner if all the 
returns be received, to canvass the votes given for Delegate 
to Congress, and the Governor, shall grant a certificate of 
Election to the person having the highest number of votes, 
and shall also issue a Proclamation, declaring the election of 
such person" 

"In case there shall be no choice by reason of any two or 
more persons having an equal number of votes, the Gov- 
ernor shall order an new Election" — 

And whereas the abstract of votes given within the sev- 
eral counties in this Territory, at the General Election held 
on the first Monday in August next for Delegate to Con- 
gress from the Territory of Iowa; having been transmit [t]ed 
to the office of the Secretary of the Tenitory and this day 
canvas [s]ed in my presence as the law directs, from which 
it appears that Francis Gehon Esqr recvd Eight hundred 
and foi'ty three votes for Delegate to Congress — That Wil- 
liam W. Chapman Esquire received Twenty four votes for 
Delegate to Congress and that Joseph M Robinson Esqr 



160 Executive Journal oi Iowa [i839 

recvd Thirteen, votes for Delegate to Congress, and that 
there were several scattering votes — 

I therefore Robert Lucas, Governor of the Territory of 
Iowa, In discharge of the duty requii'ed of me by the 17"^ 
Section of the Act as aforesaid, do hereby issue this my 
Proclamation declaring Francis Gelion to be duly elected a 
Delegate to the Congress of the United States from the 
Territory of Iowa; he having received the highest number 
of votes of any person voted for at the General Election, 
held on the first Monday in August last, as appears from 
the aljstracts of votes duly returned to the office of the Sec- 
retary of the Territory, and canvas [s]ed as aforesaid. 

In testimony whereof I have hereto set my 
L. S. name, and caused the Great Seal <jf the Terri- 

tory to be hereto affixed. 
Done at the City of Burlingtim in the Terri- 
tory of Iowa, this V^ day of October A D 1839. and of the 
Independence of the U S the 61. 

Sicrned Robekt Lucas ^ 



\Ilccorde(l by Govcrwir Lucas] 
To all to u'Jiorne these 2^>'^sents may Come Greeting. 

I lioljert Lucas, Governor of the Territory of Iowa, do 
hereby certify: that Francis Geho)i Es(|ur. was duly elected 
a delegate from the Territory of Iowa, to the House of Rep- 
resentatives of the United States, at a General Election, 



1 Autograph signature. — Editor. 






.ryt^s 




-^^ /X7^t CcytyC^ .i^e.^^^ ^S'O^^ ^^ ;^1^ 4±f±:^:^ 







1839] Governor Robert Lucas 161 

held in tlie said Temtoiy of Iowa, on the first Monday in 
August A D 1839. — He having received the greatest num- 
ber of votes, of any person; for Delegate to Congress, at 
said Election, as appeared by the abstracts of votes, duly 
returned to the office of the Secretary of the Territory, and 
this day canvas [s]ed, in my presence, in pursuance to the 
statutes in such case made and jjrovided. 

In testimony whereof, I hereunto subscribe my 
L. S. name, and Cause the Great Seal, of the Terri- 

tory of Iowa, to be affixed to these Presents. 
Done at the City of Burlington, in the Ten'it[o]ry of Iowa, 
this first day of October, in the year of Our Lord, One 
thousand eight hundred and thirty nine — and of the Inde- 
pendence of the United States of America, the sixth fourth 
(Signed) Robert Lucas ^ 



[Hecorded by Governor Lucas] 

Executive Departm[en]t Iowa Territ[or]y 
Burlington October 2" 1839. 
Sir, 

I herewith enclose a certificate of your election, as Dele- 
gate to Congress, from the Territory of Iowa. — issued in 
pursuance of the 17"" section, of the Election law of this 
Territory — The Proclamation as required by said section, 
prefaced by a corre[c]t copy of the first, and seventeenth 
sections, of the Election law, approved the 25"^ of January 

1 Autograph signature. — Editor. 



162 Executive Journal of Iowa [1839 

A D 1S39, will appear iu this iceel-'S Gazette^ to whieli I 
solisite your particular attention — 

A^y respectful [I] y 
I am Sine 
Hon. Francis Gehon" Your Obt Svt 

Du Buque Robert Lucas ^ 

Iowa Territ[or]y 



{Rearrdid h<j Gorerimr Lucas] 

Executive Department Io^^•a Territory 
Burlington October 3''' A D l.':;39 
Sir, 

It appears to be my misfortune, to l:)e drawn irresis- 
tably, into a controversy with the authorities <if the state of 
Missouri, on the subject of boundary; This controversy has 
been forced upon us, by the proceedings of the public author- 
ities in the state of Missouri., as Avill Ije evidenced, by the 
documents herewith transmit [t]ed. Documents marked (A, 
cfe, B) are copies of the acts of the last session, of the Legis- 
lature of Missouri — on the suljject of her northern Ijound- 
ary — (G) is a copy of a communication from the county 
commissioners of Van-Bureu county, in this Territory of 
Iowa, — complaining of certain iutrusicjns upon their rights, 
by the authorities of Missouri — (D) is a Gopy of a Proc- 
lamation issued by me, on the receipt of the communication 
from the commissioners of Van Buren couutA" in this Terri- 



Autograph signature. — Editor. 



1839] Governor Robert Lucas 163 

toiy — (E) is a copy of a Proclamation issued by the Gov- 
ernor of the State of Missouri, and (F) is a Copy of my 
replication, to the Proclamation of the Govern [or] of Mis- 
souri — As the subject is causing some excitement in the 
west, I have thought it to be my duty, to transmit these 
documents to you, for your information, and that of the 
President of the United States — They embody facts, that 
will enable you to judge coiTectly, as to the true merits of 
the case; and position of the parties. 

I am not aware, that any thing has yet transpired, that 
calls for the interposition or acts of the President in this 
matter, unless he should deem it, to be of sufficient impor- 
tance, to be pressed upon the Consideration of Congress, at 
the Commencement of the nest session — 

Should the President after an examination of these docu- 
ments, think it advisable to make any suggestions to me, 
his advice will be thankfully received, and j)romptly at- 
tended to. 

With Sincere respects 
Hon I am Sine 

John Forsythe Your vy obt 

Secret [ar]y of State Servant 

U. S RoBEET Lucas ^ 

Washington City 



Autograph signature. — Editor. 



164 Executive Journal of Iowa [1839 

^Recorded by Governor Lucas] 

Executive Department, Iowa Territory 

Burlino-ton December 13'.'^ A.V> 1839. 
Sir, 

At tlie conclusion of my communication of the 9"" in- 
sta[n]t (transmit[t]ed to the Departme[n]t by General 
Morgan) 1 stated the report "that Missouri was embodying 
an armed force, to take possession of the district of country 
claimed by her," That report has been confirm [e]d, by the 
printed report and aifidavit, <:if Stephen Whitcher Jnr Esqr, 
which is herewith transmit [t]ed for the consideration of the 
President of the United States. M'' Whitcher is a respect- 
able member of the bar, possessing an intelligent mind, and 
strict integrity of character, and from my personal accpudnt- 
ance with him, I have no hesitation, in transmit [t]ing his 
repijrt, (to the Marshal of the United States, with his affi- 
davit annexed,) to the Department of State, as a document, 
entitled to the most implicit confidence — C>n an examiua- 
ti<:in of this document, it Avill Ije perceived, that the author- 
ities of Missouri, have actually emljodied an armed force; to 
resist the laws of the United States, and intends invading 
Avith that force, the Territory of Iowa, in violation of the 
laws of the United States, as well as those of the Territory — 
The proceedings of the officers of the United States and 
those of the Territory in this afi'air have been transmit[t]ed 
to the Department. AVe are still acting on the defensive, 
and will continue to do so. The Citizens of Van Buren 
county in this Tenitory, claime the protection of the Gen- 
eral Government, That protection has been extended to 



1839] Governor Rohf.rt Lucas 165 

them as far as can be done, Ly the civil authority — AYe 
have no Militaiy force at our commaud aud I consider that 
we have, no authority without the instinictious of the Presi- 
dent of the Ijn[i]ted [States] to use a Military force further 
than may be required by the civil officers, in aid of the 
civil authority; when this aid is required it Avill be granted 
to the extent of our means. But being under the controle 
of the General Governm[eu]t, we must look up to it, for 
protection, and for instructions, how to act in this extraor- 
dinary affair. 

I therefore respectfully solisite the attention of the Pres- 
ident, to the documents herewith transmit[t]ed — and as 
Executive of the Tenitory acting under the authority of the 
United States, ask for his instructions — Should he deem 
it advisable, to repel, by an armed force, the contemplated 
invasion of the Tenitory of the United States, by armed 
forces from the state of Missouri, his instructions, and author- 
ity to do so, will be promptly attended to, to the extent of 
the means under our controle. 

Until such insti'uctions are received, from the President 
of the United States, all military movements in this Teni- 
tory will be in obedience to requisitions from the civil 
officers of the United States, and under their special con- 
trole — 

The state of Missouri has at present assumed a truly 
menacing attitude, but her menaces cannot intimidate us, or 
drive us from a faithful discharge of our duty to the United 
States, We consider that we have no authority to suspend 
the operations of the laws of the United States within any 



166 Executive Journal of Iowa [1839 

part, of the orgauized limits, of the Territory, as it was 
trausfer[r]ed to us, by tlie General Government at the 
time, of our organization, until other boundaries are fixed 
by Congress — Neither have we a right, to compromise, or 
yeald, the jurisdiction of the United States, in any way or 
jnanner whatever, within said limits — And I trust that 
the prompt action of the President of the United States, will 
protect the rights of the citizens of the United States within 
this Territory, and put a speedy check, to the depredations 
from Missouri, until the question, of boundary is definitely 
settled by Congress. 

With Sincere resp[e]cts, 
I am Sin, your 
Yy Obedt. 
Hon JoHi^ FoRSYTHE, Servant, 

Se[c]reta[r]y of State, U. S. Robert Lucas ^ 

Washington City. 



[Re<:ord('d by Govtrnor Lueas} 

Executive Department Iowa Ter[ri]t[or]y 
Burlington December 16"> 1839. 
To the Honorable, House of Representatives of the Legis- 
lative Assembly. 

Gentlemen, 

On the 13"^ insta[n]t, there 
was presented to me for my consideration, a Preamble and 
Resolutions, entitled, ^'Preamble and Resolutions^ relative 



■ Autograph signature. — Editor. 



1839] Governor Robert Lucas 1G7 

to the difficulty letween the Territory of loioa., and the State 
of MissourV — I liave carefully examined this Preamble, 
and Resolutions, and being unable to concur with tlie Legis- 
lative Assembly, I herewith return them, to the House of 
Representatives, in conformity to the amendment, of the 
Organic law, with my objections thereto. 

The title to the resolutions relates to the difficulty between 
the Territory of Iowa and the state of Missouri. — I know 
of no difficulty between the Territory of Iowa, and the state 
of Missouri, neither can the Territory of Iowa, as a Tem- 
tory, be a party to the controversy. The Territorial Gov- 
ern [me] nt being entirely under the controle of the United 
States, The controversy about the southern boundary of 
the Territory of Iowa, is between the state of Missouri, and 
the General Governm[e]nt. 

I concur with the Legislative Assembly in deprecating 
any collision between the citizens of the United States 
residing in the Territory of Iowa, and the citizens of Mis- 
souri — and also with the beEef, that the most friendly feel- 
ings exists between the great body of the citizens of Mis- 
souri; and those of the L^nited States within this Territory. 

I know of no act on the part of the citizens, or authori- 
ties of the LTnited States, within the Temtory of Iowa, that 
has in the least intruded upon the rights of the citizens 
of Missouri; We have given that state no cause of offense, 
and I have reason to believe, that the great body of the 
citizens of the state of Missouri, are opposed to the rash 
proceedings of the authorities of that state, in these in- 
trusions upon the citizens of the United States residing 



168 Executive Journal of Iowa [1839 

within the organized limits of this Territory. And I am 
also of opinion, that the great body of the pe<:)ple, of Iowa 
Territory, would be unwilling to see a portion of their fel- 
low citizens, residing in the southern part of Van Buren 
county, suiTendered to the authority of Clarke county Mis- 
souri, to be taxed and harrassed by them at their pleasure. 
I consider that the citizens of Van Buren county, are enti- 
tled to the same protection, that the citizens of Lee, Henry, 
or Des JIoi?ies, counties are; And I am not aware, that 
there has been any military movement in the Tei'iitory of 
Iowa, further than was re(|uired by the Marshal of the 
United States, to enaljle him, to enforce the laws of the 
United States, and to protect the citizens of the Territory, 
in their Constitutional rights. 

The Organic law of the Territory, declared tliat the laws 
of Wisconsin; should be extended over this Territory, until 
altered or repealed by the Legislative Assembly, and that 
the laws of the United States, are extended over, and should 
be enforced in this Territory, so far as the same may be 
applicable — The Organic law in defining the duties of 
the Governor of the Territory; declares "that he shall take 
care, that the laws be faithfully executed," — Van Buren 
county was organized under the laws of )I isco/h'<ni Terri- 
ton/ and the jurisdiction of the United States under the 
authority of this Tenitory, was exercised to the Indian 
boundary line — This jurisdiction was transfer[r]ed to the 
Territory of Iowa, at the time of its Organization, and has 
been exclusively and peaceably exercised l.>y her under the 



1839] Governor Robert Lucas 169 

authority of the United States, until the recent interruptions 
from Missouri — 

I therefore consider that we are bound by the solemn 
obligation we have taken, "to be careful that tJie laws he 
faithfully executecV within the boundaries of the Territory 
of Iowa, as it was transfer [r]ed to us by the United States, 
at the time of its organization, and that there is no author- 
ity, in this Territory, either in the Executive, or Legislative 
Assembly, that can in any way or manner, suspend the 
operation of the laws of the United States within the bound- 
aries, of any part, of the Territory of Iowa, or to compro- 
mise, or to yield the jurisdiction of the United States in 
any way or manner whatever, to any part of the Tenitory, 
over which Wisconsin exercised jurisdiction, at the time of 
its organization, — until Congress establish a different line — 

I therefore cannot concur in any resolution, or act, that 
would make me a pai'ty, to any transaction that would come 
in conflict, with the solemn obligation I have taken, "to take 
care that the la,ws of the United States he faithfulh/ exe- 
cuted. " which would be the case, if I submitted to the 
requisition, of the resolutions, herewith returned. 

For the information of the Legislative Assembly, I will 
state, that, on the 9"" inst, I dispa[t]ched a special mes- 
senger to Washington City, and submit [t]ed the whole 
facts, I'elating, to the contest, between the state of Missouri, 
and the United States, relative to the southern boundary of 
the Territory of Iowa, to the President of the United States, 
and solisited his interposition and instructions, on the sub- 
ject — So soon as instructions are received, from the Pres- 



170 Executive Journal of Iowa [is-to 

ident of the United States, in this affair, they will be 
promptly obeyed, by the Executive of the Territory. 

Vy resj)ectfully 

Your obt Sell 

Robert Lucas^ 



[Recorded In/ Governor J^iieeis] 

Executive Departmeut Iowa Territ[or]y 
Burlius^tou February 12"> 1840 
Sir, 

I received last evening your c(_ininiunication of the 22 
ultimo, enclosing a copy of a letter, of the same date, to 
you, from Dr L F. Lin[n], one of the senators of Missouri. 
In reply to your suggestion relative ti:t the discliarge, of 
the sheriff of Missouri, I will state, that he has been dis- 
charged several weeks since on his individual recognizance 
(as I have been informed) to attend the Di[s]trict court in 
Van Buren county, which will be held in April next. Should 
he fail to attend and his recognizance be forfeited, the pen- 
alty can be remit [t]ed by the Executive, and should he 
appear and stand his trial (whicli I think it prol_)al:)le he 
would prefer doing) any sentence that may be pronounc[e]d 
against him by the court for a violation of the laws of the 
Territory, nuiy be remit [t]ed by the Executive of the Ter- 
ritory, but should he be convicted for a violation of the laws 
of the United States, a i-epi'ieve can only be granted by the 

' Autograj)h signature. — Editor. 



1840] Governor Robert Lucas I'l 



Executive of the Territoiy until the decision of the Presi- 
dent of the United States can be made known, as required 
by the second section of the Organic Law of the Territory. 

The sheriff of Missouri never was in confinement, after 
the process of the law was served on him, by the sheriff of 
Van Buren county in this Territory, he came with him to 
this city,^ — I had some conversation with him and advised 
him to enter into recognizance and to return home, I in- 
formed him at the same time that the authorities of the Ter- 
r[i]t[or]y of Iowa, did not wish to inflict punishment upon 
any of the citizens or oiiicers of Missouri — that our only 
object was to maintain the jurisdiction of the United States, 
within the organized boundaries of the Territory as it had 
been transfer [r]ed to us at the organization of the Terri- 
tory: and as it had been peaceably exercised by Wi'iCOits/n 
previously to the organization (.)f this Territory; That this 
we considered to be our duty until Congress definitely 
established the line. I also told him at the same time that 
should he be convicted for a violation of the laws of the 
Territory, that as Executive I should feel disposed to remit 
the penalty — The District Judge at the same time pro- 
posed to discharge him, on his individual recognizance, but 
he objected to such discharge, he stated that his Council in 
Missouri, has advised him not to enter into recognizance, 
and that he preferred remaining, in the custody of the law, 
for the time being — having made this selection the sheriff' 
of Van Buren county in whose custody he still remained, 
removed him to Bloomington some distance from the seat 
of excitement, and transfer [r]ed him to the care of the 



172 Executive Journal of Iowa [1840 

Slieritt' of Muscatine county, where lie remained in custody 
of tlie sheriti' (but was never jnit into c(iufinement) until the 
Missouri troops withdrew from the boundary, immediately 
after which the Marshal of the United States dismissed his 
2>osse Commtattis as will be seen, by his report to me on the 
14 of De[ce]mber, and my General (Jrder issued upon the 
reception of said report, announcing such dismissal — copies 
of which are herewith ti'ansmit[t]ed for the information of 
the Departm[en]t. (marked A, and, B). A few days after 
the date of said General (!)rder, the sheriff of Missouri, (as I 
have been informed), gave his individual recognizance to the 
district Judge, was discharged, th[e]reon, and returned 
home — Subsequently every thing has appeared tran(|uil 
upon the borders, and 1 trust will continue so, until a final 
quietus, is put to the matter in dispute, by Congress — To 
the decision of that body, the authorities, and citizens of 
the United States, within the Tei'ritory of Iowa, will yield 
a willing acqniesence — and I trust that on a sober second 
thought, that the authorities, and people of Missouri, will 
do the same, notwithstanding the declaration, of the Gov- 
ernor of that state, in his proclamation of the 2S"^ of De- 
[ce]mb[e]r last. 

In as much, as the Governor of Missouri, has copied in 
his said, proclamation. Resolutions, purpoi'tiug to have been 
passed, by the Legislatui-e of this Terr[i]tory, and upon 
which he has commented lai'gely; in his proclamation. — 
dissents from the propositions therein contained, — protests 
against the right of Congress, to decide against the preten- 
tious of Missouri — and declares his determination, to main- 



1840] Governor Robert Lucas 173 

tain the jurisdiction of tlie state of Missouri ; to the bound- 
ary claimed by her, <fec. — 

I think it proper to observe, that as respects the resolu- 
tions, of the Legislature, of Iowa Territory — The Governor 
of Missouri, must have been deceived by somebody. No 
such resolutions, were ever transmit[t]ed to him, or any 
other person in Missouri ; by any of the constituted authori- 
ties of the Territory of Iowa — such resolutions jDassed the 
Legislative assembly; and was submit [t]ed to the Execu- 
tive, but being disapproved, was returned by him, to the 
House of Representatives, on the IB*** of D[ece]mber, with 
his objections. A copy of the resolutions, as they passed 
the Legislative assembly, with the objections, of the Execu- 
tive; and votes of the House of Representatives th[e]reon; 
are h[e]r[e]with transmit [t]ed, together with. Gov Boggs's 
Proclamation, of the 28"" of De[ce]mber (marked C. and 
D.) which show the true position, and acts of the parties — 
I also transmit the rej^ort, of Dr. James Davis, the Com- 
missioner, appointed on the part of the Territory of Iowa, 
to run and ascertain the southern boundary line. Dr Davis 
accompanied Li[e]ut Lea, the United States Commissioner, 
in his Survey, and I was not aware, till lately, that he had 
not made report to the Department at Washington — I have 
therefore thought it my duty, to transmit a copy of his 
report to me, that the same may be filed, in the Depart- 
m[en]t at AVashiugton, with the other documents on that 
subject. 

The foregoing, together with the do[c]umeuts heretofore 
transmit [t]ed, will give a full view, of all the transactions 



174 Executive Journal of Iowa [1839 

of the constituted authorities, of this Territory, that are in 
any way conneoted with this boundary question. 

Very respectfu[ll]y 
Hon, I am your obt Svt 

John Foesythe Robert Lucas^ 

Secretary of State U S 
"Washington City 



[Hecorded hy (J-overnor Liuias] 

Proclamation 

By the (ioveruor of Iowa Territory — 

To all whome it may concern. 

Know ye, that having received a certificate under the 
hands, and seals, of a majority of the Commissioners ap- 
23(_^inted in the act, entitled ^'An act, to organize the county 
of Linn, and to estahlish the seat of justice tJie)'eof'' Ap- 
proved the 15"' (l\_<(~\ii of 'Tannarii 1830, In the words fol- 
lowing to wit: 

"In persuan[ce] of an Act of the Council, and House of 
Representatives of the Territory of Iowa, — Approved Jan- 
uary 15"" 1S39. Entitled An Act to organize the conntij of 
Linn and to estahJlsJi the seat ef 'Justice thereof' — 

We the Undersigned, two of the Commissioners apjioiuted 
by the aforesaid act, to locate the seat of Justice of said 
count}' of Linn, having met at the house of "William Abbey, 

1 Autograph signature. — Editor. 



1839] Governor Robert Lucas 175 

in said county on the first Monday of Marcli iust, and being 
duly sworn, according to law, proceeded to locate said seat 
of Justice, by driving a staJ^e, to he considered the center of 
said location.! to agree with the four cardinal points, in an 
oi:)en rolling prairie, about one hundred yards east of the 
east fork, of Indian Creek, and eighty rods, north of a grove 
of timber designated, as Red Cedar timber, and in a direct 
line, about equal distance, between a house said to belong, 
to Doctor James Hall, and a small grove of timber, called 
Quakinasp Grove, having the east branch of Indian Creek, 
on the west; an extensive grove of timber on the south; a 
small branch with t\^'o large springs on the east, and an 
open prairie on the north, and supposed to be about three, 
miles, south of the geographical center of said county, and 
done in the presence, of a large number of inhabitants" — 

We hereby certify, the foregoing, to be a true description, 
of the seat of justice, of the county of Linn, and Teriitory 
of Iowa. 

Given under our hand, and seals, this eighth day of 
March, A D 1839. 

Benjamin Nye (seal) 
(Signed) Richard Knott (seal) 

Commissioners 

Therefore I Robert Lucas, Governor of the Territory of 
Iowa, do in pursuanc[e], of the provisions of the act afore- 
said, hereby proclaim, affirm, and declare the said location, 
as specified, and described, in the report of a majority of the 
commissioners aforesaid; to be the seat of justice, of said 
county of Linn. 



176 Executive Journal of Iowa [1839 

In testimony whereof, I have hereunto sub- 
L S scribed my name, and caused the great seal, of 

the Terr[i]tory, to be hereunto, affixed. 
Done at the City of Burlington, the eighteenth day of 
March, in the year of our Lord, one thousand eight, hun- 
dred and thirty nine, and of the Independence of the United 
States of America, the sixty third 

Egbert Lucas ^ 



IRecordal by X ] 

Message. 

Gentlemen of the Council and House of Representatives: 

It becomes my duty, as Execu- 
tive, to submit to you [a] statement of the affairs of the 
Government, and to recommend to your consideration, such 
measures as are deemed advisable, in perfecting the internal 
organization of the Territory; and such other measures as 
are best calculated to advance the interests, promote the 
prosperity, and happiness of the people. 

It is with the most h[e]ai'tfelt gratitude to Ahnighti/ Crod, 
whose superintending care has extended over us, and sus- 
tained us through various vicissitudes for the last year, that 
I am, through his sptcial ProviJenre^ permitted again to 
address the Legislative Assembly of a Territory, that has 
advanced, since its organization, in improvement, population 
and wealth, beyond a parallel of all former history. AVith 

1 Autograph signature. — Euitok. 



1839] Governor Robert Lucas 177 

a genial climate — a soil unsurpassed for fertility — abound- 
ing with pure water, navigable rivers and inexhostable 
mineral resources — containing a population that may safely, 
at this time, be estimated at uj^wards fifty thousand inhabi- 
tents, and which will in all probability be doubled by the 
time the census of the United States is taken in Eighteen & 
forty — with this glowing pi'ospect before us, we have great 
cause of gratitude to the author of all good for the peculiar 
manifestitation of His favor and blessings, conferred upon 
us as a political community, as well as a people, collectively 
and individually. 

When we consider the rapidly increasing population, andl 
advancing prosperity of the Territory, we may, in my opin- 
ion, with propriety proceed to measures preparitory to the 
formation of a Constitution and State Government, and for 
our admission into the union as independent state. I know 
it is the opinion of some, that such measures would be pre- 
mature at this time, inasmuch as our exp[e]nses are defray- 
ed by the United States. This consideration is entitled to 
waight: but when we consider the imperfect organization of 
the Territorial Government, and the consequent embarrass- 
ment in the administration of its internal affairs — and by 
refer [r]ing to past history, compare the condition of the 
inhabitents of Ohio, Indiana and Michigan, while under a 
Territorial Government, to their subsequent prosperity after 
their admission in the Union as Independent states, the pre- 
ponderance is much in favour of state government — for the 
prosperity and improvement within each of the aforesaid 
states languished while Territories, but advanced with rapid 



ITS Executive Journal of Iowa [1839 

strides from the moment of their several admissions into the 
Union as independent states. With these facts before us, I 
would earnestly recommend to the Legislative Assembly 
the early passage of a Memorial to Congress, respectfully 
[asking] of that body the passage of an Act, at their ensu- 
ing session, granting to the inhabitants of Iowa Territory, 
the right to form a constitution and state Government, and 
to provide for their admission into the Union upon an equal 
footing with the original states. 

In recommending this subject to the consideration of the 
Legislative Assembly I respectfully suggest the following 
as the most natural and suitable for our state, to wit; l^egin- 
ning in the middle of the main channel of the Mississippi 
river at a point east of the middle of the main channel of 
"the Des Moines river where it empties into the l^Iississippi 
river; thence up the Mississippi river, following the middle 
of the main channel of the same to the mouth of St. Peters 
river; thence up the St. Peters following the middle of the 
main channel of the same to the mouth of Blue Earth river; 
thence up Blue Earth river, following the middle of the 
main channel of the same to the most westerly source of 
said river; thence on a direct line to the source of Cactus 
River, an east branch of Calumet or Sioux river; thence 
down said river following the middle of the main channel 
thereof to the middle of the main channel of the Missouri 
river; thence down the Missouri river following the middle 
of the main channel thereof to a point west of the line that 
may be established by Congress under the act approved 
June 18. 1838 entitled "An act to authorize the President 



1839] Governor Robert Lucas 179 

of the United States to cause the southern boundary line o£ 
the Territory of Iowa to be ascertained and marked;" thence 
east with said line to the middle of the main channel of the 
Des Moines river; thence downward along the middle of 
the main channel of the Des Moines river to the place of 
beginning. 

The foregoing appears by refei'ance to the Geographical 
position of the country to be the most natural boundaries 
for our state. It embraces the head waters of all our prin- 
cipal rivers, extend [s] from the Mississippi river to the 
Missouri river, and will leave the northern portion of the 
Territory as now bounded in a suitable situation for the 
future formation of two additional states each extending 
from the Mississippi to the Missouri river. 

I would also recommend the passage of a law to provide 
for the calling of a convention to form a state constitution 
so soon as Congress may grant by law the privilage to do so. 

Congress at their last session made two important amend- 
ments to the organic law of the Territory, both of which 
were approved the 3"? of March 1839. The first entitled An 
act to alter and amend the organic law of the Territories of 
Wisconsin and Iowa," declar[e]s, that every bill which shall 
have passed the Council and House of Representatives of 
the Territories of Iowa and Wisconsin, shall, before it be- 
comes a law, be presented to the Governor of the Terri- 
tory, if he approve of it, he shall sign it, but if not, he 
shall return it to the House in which it shall have originated, 
who shall enter the objections at large on their journal, and 
proceed to reconsider it; if after such reconsideration, two 



180 Executive Journal of Iowa [i839 

thirds of that House agree to pass the bill it shall be sent, 
together with the objections to the other House, by which 
it shall likewise be reconsidered, and if approved by two 
thirds of that house, it shall become a law. But in all such 
cases, the votes of both Houses shall be determined by yeas 
& nays; and the names of persons voting for and against 
the bill shall be entered upon the journal of each house 
respectively. If any bill shall not be returned by the Gov- 
ernor within three days (sundays excepted) after it shall 
have been presented to him, the same shall become a law in 
like manner as if he had signed it, unless the Assembly by 
adjournment prevent its return, in which case it shall not be 
a law. 

The foregoing is a salutary amendment to the organic 
law, and is truly gratifying to the Executive. It defines 
the duties and powers of the Executive, when those duties 
stand connected with the Legislative iVssembly, relieves him 
from much Legislative responsibility, and places it where all 
legislative responsibility should :'est, with the immediate 
representatives of the people. In the original law all the 
responsibility was thrown upon the executive. JSio law 
could take effect without his approval, and there was no 
provision made for a reconsideration by the Legislative 
Assembly when the executive differed with them in opinion. 
This amendment will doubtless tend to harmonize the pro- 
ceedings between the Legislative Assembly and the Execu- 
tive, and lead to a more convenient dispa[t]ch of business. 

The second is An x\ct to authorize the election or appoint- 
ment <:)f certain officers in the Territorv of Iowa, and for 



1839] Governor Robert Lucas 181 

other purposes." This act 2)rescribes — "that the Legisla- 
tive Assembly of the Territory of Iowa shall be, ami are 
■ hereby authorized, to provide by law for the election of 
Sheriffs, Judges of Probate, Justices of the Peace, and 
County Surveyors within said Territory, in such way or 
manner, and at such time and places as to them may seem 
proper; and after a law shall have been passed by the Leg- 
islative Assembly for that purpose, all elections or appoint- 
ments of the above named officers, thereafter to be had or 
made shall be in pursuance of such law." 

The for [e] going section vests in the Legislative Assembly 
the right to provide by law for the election of the aforesaid 
officers This no, doubt, will be a ple[a]sant duty to per- 
form, as it is in strict accordance "with the spirit of our insti- 
tutions. Our Government is a Government of public senti- 
ment, and I have ever been of opinion, that the only safe 
depository of power is with the people. They are the only 
legistimate sover[e]igns of the land and with them should 
be vested the power of electing all public functionaries from 
the highest to the lowest degrees. This has ever been my 
sentament, and I take pleasure in urging upon the consider- 
ation of the Legislative Assembly, on the present occasion, 
the passage of a law to provide for the election, by the peo- 
ple, not only [of] the oflice[r]s ab[o]ve mentioned, but all 
others within the Territory that are not expressly prohibited 
by the Organic law. 

I will again call your attention to the importance of pro- 
viding by law for the organization of Townships. Such an 
organization was doubtless contemplated by Congress, when 



182 Executive Journal of Iowa [1839 

they declared iu the Organic Law, that all Townshi]) offi- 
ce[r]s should be elected by the people. The organization of 
townships are intimately connected with every well regulated 
system of common schools, as well as that of public roads, 
that neither system can conveinently [be] carried out in 
detail, without such organization. Further it has been 
proven by experience, that the ordinary local business of 
the country can be done with much more convenience and 
less exj^ensive to the people, where the Township system 
has been adopted, than in communities where it has been 
dispensed with. I therefore earnestly press upon your con- 
sideration, the importance of passing a law the present 
session, to provide for the civil organization of township, 
and that provision be made for the election Tjy the people, 
of a compitent number of justices of the peace, in each 
organized township, as well as other township Office [r]s. 

The subject of a well digested system of common schools, 
is one of as great importance as can possibly be pressed 
upon legislative consideration. The act passed at the last 
session, is too limited in its provisions to serve as a founda- 
tion of a well regulated system. I would therefore recom- 
mend its revision, and call your attention to the school law 
of the state of Michigan, as worthy your attention, and from 
which useful information may be obtained. 

The resolution of the last session of the Legislative Assem- 
bly on the subject of printing the laws and journals, ap- 
proved November 27. 1838, reads as follows towit; 

'■'■Resolved, that Messrs Clark & M^'Kenney, publishers 
of the Territorial Gazett, in this city, be employed [to print] 



1839] Governor Robert Lucas 183 

the journal of the proceedings of the House of Representa- 
tives, in pamphlet form, and that they be paid the same 
prices as are paid to the printers of Congress for such work; 
and that Russell <fe Reeves of Du Buque, be employed to 
print the laws passed by the present session on the same 
terms, and that said Russell and Reeves, be required to enter 
into bonds with good and sufficient security, to the Secre- 
tary of the Territory, in the sum of Five thousand dollars, 
to have the same ready for delivery on the 1^.' day of May 
1839." 

The act regulating the publication of the laws and jour- 
nals of the Legislative Assembly of the Territory of Iowa, 
approved January 21, 1839 (see page 321,) points out the 
manner in which the laws shall be printed bound &, dis- 
tributed. 

The 4"' section declares, that, "It shall be the duty of 
the Secretary of the Territory to superintend the printing, 
in such manner as he shall conceive most conductive to the 
public good, the act and joint resolutions of the Legislative 
Assembly, and to correct the same by the enrolled bills in 
his office; and when the printing of the same shall be fin- 
ished, to certify the fact, of his having compared <fe found 
the same correct, which certificate shall be signed and dated 
by the Secretary, and annexed in print to the volum[e] of 
acts and joint Resolutions afor[e]said." 

The 10'.'' section of said act declar[e]s, that "the Secretary 
of the Territory be and he is hereby required to furnish the 
public Printer with a copy of all acts of Congress now in 
force relative to the naturalization of aliens, as soon as prac- 



184 Executive Journal ol Iowa [1839 

ticable, and that it shall be the duty aforesaid, to publish 
the same, as aii appendix with the statutes of a puljlic 
nature, of the present Legislative Assembly." 

The manner in which the obligation in the aforesaid reso- 
lution has been fullilled, and the duty specified in the act 
relative to publishing the laws, has been performed, will be 
manifest by a referance to the time the laws were ready for 
delivery, and l)y an examination into the correctness and 
contents of the volum[e] published. The obligation in the 
resolution required the laws to be ready for delivery on the 
first day of May last. They have just been rec"? at this 
city, within a few days of six mouths after the time specified 
in the obligation. On examining the printed volum[e], 
delivered to me liy the Secretary of the Territoi'y, I find it 
contains his ofiicial certificate, dated the 2S'^ of July, A. D. 
1839 — (nearly three months after the time the laws should 
have been I'eady for delivery) certifying that he had com- 
pared the pages with the ^^ engrossed hills''' deposited in his 
oifice, and that they contained true and correct copies. ( The 
Secretary, I sup[p]ose me[a]nt the enrolled bills, as no 
"engrossed bills" are ever filed in the Secretary's office as 
laws. ) In this certificate the Secretary has been in error in 
one particular at least; for in the first section of the act 
providing for and regulating general elections, in the Terri- 
tory, I discouver a very important interpolation in the 
printed copy, that changes metearly the meaning of the 
law. The original enrolled bill signed by the presiding 
Oificers of both branches of the Legislative Assembly, ap- 
proved by the Executive, and deposited in the Secretary's 



1839] Governor Robert Lucas 185 

office, in the clause relating to Delegate to Congress, reads 
as foUowes: "An election for Delegate to Congress, for 
members of the Council, and County recorder, shall take 
place on the first Monday in August next — and forty, and 
on the same day on every second year thereafter". The 
printed copy is made to read "An election for Delegate to 
Congress for members of the Council, and County Eecorder, 
shall take place on the first Monday of August, Eighteen 
hundred and forty, and on the same day in every second 
year thereafter". Thus we find the word '■'■nexf when it 
occurs after the word '■'■August'''' in the original enrolled bill 
omitted, and the words '[^'■'] Eighteen hundred'''' that are not 
in the original roll interpolated in the printed co])y. I have 
also examined the appendix with care and find under the 
head — Naturalization of aliens an act of Congress enti- 
t[l]ed "an Act to amend an act concerning naturalization," 
approved 24'.^ of May 1828, jirinted, which is the only act 
on this subject that I could find in the volume. The acts of 
the Legislative Assembly the publication in an appendix to 
the laws of the Territory, all acts of Congress now in force, 
relative to the naturalization of aliens, which would have 
included a general law on that subject, approved 14"' April 
1802, an additional act approved 26"^ of March 1804, an 
act regulating seamen &c. approved 3? of March 1813, an 
act relative to evidence in case of naturalization, approved 
May 29''> 1824 all of which acts are in force and should 
have preceded the act published in the appendix. 

I have considered it my duty to call the attention of the 
Legislative Assembly to the foregoing facts. The immence 



186 Executive Journal of Iowa [1839 

injury that has been sustained by the people of the Terri- 
tory for want of the laws at the proper time, must present 
itself forcibly upon the consideration of their Representa- 
tives, and calls loudly for Legislative interference, to secure 
a prompt publication of the laws in future. I would there- 
fore suggest to the consideration of the Legislative Assem- 
bly the propriety of creating, by law, the office of Public 
Printer, and to define his duties, and Hx his compensation by 
law — holding him responsible, under heavy penalties, to 
have all public printing done promptly at the time provided 
by law. 

Tbe appropriation made by Congress for the purchase of 
a Territorial Library has been expended, and the book[s] 
received. The Legislative Assembly having failed at the 
last session, to pass a law to regulate the library, the Execu- 
tive procured a room, had it fitted up as a library room, 
with cases for the books, in which they are now placed, and 
under the care of Charles Weston Esq. who was, on the 
18*'' of October last, appointed librarian pro tem. This 
course was thought advisable l)y the Executive, so that the 
members of the Legislative Assembly might have the beni- 
fit of the Library at the commencement of the session. 
There being no provision made Ijy law for paying the rent 
of the Library room, and other incidental expenses con- 
nected therewith, Mr. John S. David, the proprietor of the 
building, agreed to tit the room, and wait the pleasure of the 
Legislature to make him such allowance as they might deem 
reasonable. 

I would respectfully recommend to the Legislative xVssem- 



1839] Governor Robert Lucas 187 

bly the early passage of a law to regulate the Territorial 
Library — to provide for the appointment of Librarian — fix 
his compensation, define his duties, and provide for the pay- 
ment of other necessary expenses of the Library. I think it 
also would be of great importance to provide for a gradual 
increase of the Library, by a small annual appropriation, to 
be expended by the Librarian in subscriptions to important 
periodical works, and the purchase of such other books as 
might be deemed most useful to the Territory, and diffuse 
the greatest degree of useful knowledge among the people. 
A catalogue of the books and maps in the library will be 
submitted to the consideration of the Legislative Assembly 
by the Librarian as soon as it can be conveniently made out. 

The directors appointed under the provisions of the act to 
provide for the erection of a Penitentiary, and establish and 
regulate prison disciplin[e] for the same, organized their 
board, and reported to me, on the 29''' of April last, and 
that they procured a site for the Penitentiary in accordance 
with the provisions of said act, and desired that I would 
make a requisition on the Treasury of the United States for 
the sum appropriated by Congress for the erection of public 
building [s] in the Territory of Iowa in their act of the 7'?" of 
of July 183S. 

In compliance with the request of the directors, I trans- 
mitted to the Secretary of the Treasury of the United States, 
on the same day a copy of the act of the Legislative Assem- 
bly, and called his attention particularly to the 5'? section, 
which required the Governor to draw the appropriation, and 
pay it over to the Superintendent of the Penitentiary. I 



188 Executive Journal of Iowa [1839 



also, m my letter called the atteutiou of the Secretary of 
the Treasury to the appropriation made in the Organic law 
for erecting public building [s] at the seat of Government, 
and explained to him the reason why the two appropriations 
would be drawn for under different Legislative acts; and in 
conclusion, requested him to give me the views of the De- 
partment on the subject." On the 20'.'' of May, the Secre- 
tary acknowledged the receipt of my letter of the 29'^ of 
April, and its enclosures. He refer[r]ed me, in reply to 
an act of Congress, approved oP' of January 1S2S, and 
informed [me] that the money would not be advanced, 
except as service was performed, and articles delivered, 
unless the President was applied to, and reasons stated, 
which satisfies him to advance as much as would be wanted 
for the next thirty or sixty days. A copy of this letter was 
furnished to the directors of the Penitentiaiy, and also to 
the Commission[e]rs appointed to superintend the public 
buildings at the seat of Government. On the 9"' of Septem- 
ber the superintendent presented a bill of the work done at 
the Penitentiary amounting to §2077.00: — also an estimate 
of the funds wanting for the ensuing sixty days, amounting 
to $3,800,00, with a certificate of ajjproval, endorsed by the 
directors. — These estimates, together with a petition 
directed to the President of the United States by the direc- 
tors, was transmitted to me l;iy the Secretary of the Treas- 
ury of the United States on the 1-4'.'' of September last, 
requesting him to transmit to Amos Ladd, the Superin- 
tendent, a check either on the Receiv[e]r of public money 
at this place, or the State Bank of Missouri, for the sum of 



1839] Governor Robert Lucas 189 

$5,877,00 — the amount required by the directors. The 
check, I understand, has been received recently by Mr. 
Ladd, on the Bank of Missouri. Subsequent to forwarding 
the aforesaid estimates and requisitions, I rec? a letter from 
the Secretary of the Treasury of the United States, dated 
the 9'.'' of September, 18.89, in which he informes me, that 
since the receipt of my communication of the 29'?' of April 
last, on the subject of the appropriation to defray the ex- 
penses of erecting public buildings in the Territory of Iowa, 
the com[p]troller had reported, in answer to a call from the 
Department, in a similar case, that the appropriation must 
be considered as a grant, and an account can be stated in 
favour of the Treasurer of the Territory, as my assignee for 
such parts of the whole as I may require; and that, on 
receiving from me a requisition in his favor, stating the 
amount that may be required, to meet the liabilities of the 
Territory on account of the erection of public buildings, 
within thirty days subsetpent to the date of my recj^uisition, 
it would be refer [r]ed to the accounting Officer for settle- 
ment in conformity with the com[p]trollers decision, and 
so hereafter when further sums may be needed." 

I have submitted the subject in detail, and request that 
you would give it your serious attention, and that provisions 
may be made by law to authorize the Treasurer of the Ter- 
ritory, to receive from the Treasurer of the United States, 
and to pay over all monies appropriated by Congress for 
the erection of public buildings in the Territory, in accord- 
ance with views of the Com[p]troller of the Treasury of 
the United States. 



190 Executive Journal of Iowa [1839 

While on this subject I will call the atteutiou of the Leg- 
islative Assembly, iu an explicit manner, to the importance 
of providing by law, for the transmission to the Penitentiary 
of all prisoners that may be sentenced to imprisonment 
within any part of the Territory, for a voilation of our crim- 
inal laws. It would be attended with but little expense to 
prepare a temporary prison to secure the convicts at night; 
and by surrounding the works with pickets, with the atten- 
tion of a few g[u]ards they might be kept safely at work 
through the day, and shut up iu the prison at night. Thus, 
they might be made to erect a prison themselves, and 
relieve the Territory from considerable expense. 

By the 4"' section of the supplimentary to an act to locate 
the seat of Government of the Territory of Iowa, and for 
other purposes, approved 21. January 1839, it was made the 
donation of, or a preemption to, four sections of land, on 
which to locate the seat of Government of the Territory of 
Iowa. In discharge of this duty, the Governor did, on the 
24''' of January, wdthin four days after the passage of the 
bill, transmit a memorial to the Senate and House of Rep- 
resentatives of the United States of America in Congress 
assembled, together with a copy of the original and supp[l]e- 
mentai'y acts to locate the seat of Government oi the Terri- 
tory of Iowa. The memorial first asked Congress permis- 
si(jn to locate the seat of Government of the Territory upon 
the lands of the United States, in the county of Johnson, 
and within the late purchase made l)y the United States 
from the Sac and Fox Indians. Second — that they would 
grant unto the Territory a dijnation of four sections of land 



1839] Governor Robert Lucas 191 

upon which to locate the said seat of Government, or if 
they should not deem it expedient to grant the land as a 
donation, that they would secure to the Territory a pi'eemp- 
tion right to four sections of land at the place that might be 
selected for the seat of Government, and that a title to the 
same might be perfected on payment being made, in such 
manner as Congress might deem expedient. A copy of the 
memorial and acts of the Legislature, was transmitted to 
the President of the Senate, and speaker of the House of 
Representatives in Congress, together with a request that 
they might be laid before their respective houses. We see, by 
the journal of Congress, that the memorial was received and 
referred to the the respective committees on public lands, 
but no other action was had on them prior to the adjourn- 
ment of Congress. We see among the acts of the last ses- 
sion of Congress, an act entitled "An act making a donation 
of land to the Territory of Iowa for the purpose of erecting 
public buildings thereon, approved 3? of March 1839, in the 
following words: That there be and hereby is appropri- 
ated and granted to the Territory of Iowa, one entire section 
of land, of any of the surveyed public land in said Territory, 
for the purpose of erecting thereon, the public buildings for 
the use of the Executive and Legislative Departments of 
the Government of said Territory: Provided^ That said sec- 
tion of land shall be selected under the authority of the 
Territorial Legislature, the seat of Government located 
thereon, and notice of said selection officially returned to 
the Register of the Land Office in the District in which the 
land is situated, within one year from the passing of this 



192 Executive Journal of Iowa [1839 

act: And provided furtlier^ That uothiug therein contained 
shall authorize the selection of the sixteenth section in any 
township reserved for the use of schools, nor of any lot 
reserved for public purposes; and that in the selection, to 
be made as aforesaid, no preexisting improvement of right 
of preemption recognized by huv, shall be prejudiced 
thereby. 

Sec. 2. And he it further enacted. That if, at the time 
of the selection of the section of land to Ije made as afore- 
said, the contigious section [s] thereto have not been made 
subject to sale, or being so subject have not been sold, at 
public sale or private entry, then each and every section 
contigious to said selected section and not sold, shall be 
thereafter reserved and withheld from sale in any manner, 
until the further order of Congress thereon. But nothing 
herein expressed shall be construed to resti'ain the Territory 
of Iowa, after ap])ropriating a sufficient quantity of land 
within said selected section for the site and accommodation 
of said public buildings, from selling disposing of the residue 
of said Section in lots or otherwise for the use of said Ter- 
ritory, in the erection and completion of said building[s]. 

The act of Congress comes in direct conflict with the acts 
of the Legislative Assembly, and the memorial |>resented to 
Congress by their order. It confines the selection to sur- 
veyed public lands, when there were at the time of its pass- 
age but two Townships of Surveyed public land within the 
county of Johnson — one lying between the line of Wash- 
ington and Muscpatine counties, and the other north of the 
same in the soutli east corner of the county, being entirely 



1839] Governor Robert Lucas 193' 

in the prairie, and had been offered for sale in the Du Buque 
Land District, at the public sales in November 1838. The 
restrictions under which the selection is to be made, and 
the conditions connected with the grant are such, as never 
can be acceded to without an entire disregai'd to the inter- 
ests and prosj^erity of the Tenitory. First, the selection is 
confined to surveyed Townships, when the memorial pre- 
sented to Congress prayed for the grant to be within the 
late purchase of the Sac and Fox Indians. Second, the sec- 
tion of land must be selected under the authority of the 
Territorial Legislature, the seat of Government located 
thereon and notice of said selection officially returned to the 
Register of the Land Office. Third, that when the official 
return is made to the Land office, every contigious section, 
to the section selected as the seat of Government becomes 
Congressional reservation, and ever there after is reserved 
from sale in any manner, until the sale shall be order [e]d 
by a special act of Congress. 

What would be [the] effect of the last condition? It 
would inevitably tend to check the improvement of the city, 
and retard the prosperity of the inhabitents. The city 
would be surrounded on every side be Congressional reser- 
vation of a contigious section, and must ever remain so, 
until a special act of Congress should provide for the dis- 
posal of these contigious sections which would probably 
not be for many years, and then upon terms that would 
check the improvement of the city. I am clearly of the 
opinion that the grant proposed under the aforesaid act of 
Congress ought not to be accepted by the Territory and 



194 Executive Journal of Iowa [1839 

that it would be better for the Territory to pay the govern- 
ment price for ten sections of land than accejjt the donation 
of one section under such embarrassing conditions. I there- 
fore recommend to the Legislative Assembly the passage of 
a memorial to Congress, calling their attention to the memo- 
rial that was forwarded by their direction to the late Con- 
gress, and requesting that a grant or jireemption right may 
be secured to the Territory, to the land on which the seat 
of Government is located without any restrictive conditions, 
>or congressional reservation in the vacinity thereof. 

The commission [er]s appointed by the late Legislative 
Assembly, proceeded to locate the seat of government in 
the county of Johnson, (and I think very properly too) 
without regard to the act of Congress of the 'i'^ of March 
last, and have made report of the proceedings to the Execu- 
tive, in accordance with the provisions of the Legislative 
acts (if the Territory. The section selected by them has 
been laid out into city lots, and on application of the acting 
■commission [e]r, public sale of lots were by proclamation of 
the Executive ordered to be held on the 3'^ Monday of 
August, and on the first Monday in October last at which 
sale there was 203 in lots & 3 out lots sold for the aggi'e- 
gate sum of ?'JS, 854.75 — The lots sold cannot be esti- 
mated at more than one fourth in value of the whole city 
plat. A special report it is expected will be submitted to 
the Legislative Assembly by the commission [e]rs. 

I would suggest to the Legislative Assembly the revision 
of tlie Act establishing the seat of Government, so as to 
define the manner of disbursing th(> funds a{)}iropriated by 



1839] Governor Robert Lucas 195 

Congress in accordance with the views of the Secretary of 
the Treasury, as express [ed] in his letter to me on the 9'.'' 
of September, heretofore referred to. Also, to point out 
the mode of making deeds of conveyance to the purchasers 
of lots in Iowa City: Also, to define more definately the 
plan for the public buildings, and the manner of superin- 
tending their constraction by an expearienced architect. 

The 10'.'^ section of the Militia law states, that in order to 
secure uniformity in the organization, disciplin[e] and gov- 
ernment of the Militia of this Tenitory, it shall be the duty 
of the commander in chief, from time to time, to provide, 
at the expense of the Temtory, such books of iustniction as 
are, or may be, prescribed for the use of the army or militia 
of the United States, and to furnish each commissioned 
ofiice[r] vnth a copy. This duty would have been per- 
formed with pleasure by the Commander in chief, had funds 
been placed under his co[n]trol for the purchase of such 
books; but there being neither funds in the Temtorial 
Treasury, nor any law by which they could be drawn there- 
from, for the purpose aforesaid, I addressed a letter on the 
9'?^ of July last, to the Secretary of War, making enquiry 
whether such books could be furnished by the War Dejjart- 
ment. — I also made enquiry resj^ecting a supply of arms 
to the militia of the Territory, and the establishment of a 
depository of arms and munitions of war at some central 
point on the Mississippi river within this Territory, for the 
use of the militia in case of need. To which letter I received 
a reply from the acting Secretary of War, dated the 7''' of 
August last, in substance as follows: 



196 Executive Journal of lo^va [1839 

The acting Secretary of War, (S. Coope) acknowledged 
the receipt of my letter of the 9*?" of July, enquiring whether 
ther[e] could be furnished, by that Department a number 
of Coopers books of tactics and regulations sufficient for the 
instruction of the officers of the Militia of Iowa, and on the 
subject of supplying arms tfec. to enable the citizens of the 
Territory to defend themselves against Indian depredations; 
and stated that the Department at that time had no means 
at its disposal, that would enable it to furnish the work 
referred to; but that the matter would be submitted to the 
Secretary of War on his return to the seat of Government 
for his consideration. In resjject to the arms &c the acting 
Secretary of War enclosed me a report from the officer in 
charge of the ordinance Department, to «hom was refer [r]ed 
my letter of the 9"^ of July. This report states that, "the 
communication of the Executive of Iowa shc)ws that arms 
and equipments may be required for the defence of the 
inhabitents against Indian hostilities at some future day. 
That the organization of the Militia is not yet completed, 
and consequently no return of the Militia can have been 
made to the Adjutent General of the army. Issues of 
arms to the states and territories, under the law of 1808, 
can be made fuily on the militia returns, which is indis- 
2jensable in distributing the number due. In the absence of 
such returns, and that the Territory may have a I'esource in 
case of need, I would respectfully suggest that a suitable 
place be selected and a disposition of arms, accoui'terments 
and ammunition be made, the whole to remain in the cus- 
tody of the United States subject to the order of the Gov- 



1839] Governor Robert Lucas 197 

ernor of the Territory in certain contingencies to be speci- 
fied. It appears to me, tliat any other disposition of public 
arms would lead to dis[ap]poiutment, in cases they were 
relied upon for our future service. Some central jDoiut on 
the Mississippi is named as a proper location for the depos- 
itory of arms. Fort Armstrong and Prairie du Chien, would 
both be safe places, and are under the control of the Gov- 
ernment. My limited knowledge of that part of the coun- 
try forbids the attempt to name at once a more suitable 
place." 

The foregoing Avas addressed to the Secretary of War, 
and dated 3*? of August, 1839. It contains the views of the 
ordnance department on the subject of public arms; but I 
have received no further communication from the Secretary 
of War on the subject of the enquiries made of the Depart- 
ment, in my letter of the 9'? of August last. 

The foregoing statement and comspondence is respect- 
fully submitted for the information and consideration of the 
Legislative Assembly. It must convince them of the neces- 
sity of perfecting the organization of the militia of the Ter- 
ritory as speedily as practicable. 

In pursuance of the militia law, the Territory has been 
divided into three divisions, six Brigades and twelve Regi- 
ments. The general and field officers have been appointed, 
and in all the regiments (except the regiment composed of 
the counties of Henry & Jefferson, from which no company 
ofiicers have been reported) company officers have been 
recommended and commissioned. Some of the regiments 
are organized entire, and others partially so; but no return 



198 Executive Journal of Iowa [1839 

of tlae numerifal strength of the militia of any of tlie regi- 
ments liave yet been received by the Adjutant General. By 
reference of the report of the ordinance department, it will 
be seen, that no arms can be drawn from the United States 
until our militia organization is completed, and the numer- 
ical strength reported to the Adjutant General of the United 
States. The tardiness in completing the organization of the 
militia may in a great measure be attrilmted to a want of 
correct knowledge of the militia laws of the Territory. I 
therefore suggest the propriety of causing the militia laws 
of the last session of the Legislative Assembly, together 
with such parts of the Wisconsin laws as are s[t]ill in force, 
to be printed in pamphlet form, and distriljuted among the 
militia oiiicers of the Territory; and that additional provi- 
sions be made to cause prompt and full returns of the numer- 
ical strenght of each regiment, to be transmitted to the 
Adjutant General of the Territory, to be by him transmitted 
to the Adjutant General of the United States, so that in 
appoi'tioning the jDublic arms under the act of 1808 the Ter- 
ritijry of Iowa will receive her full portion of the same. 

The attention of the Legislative Assembly is solicited to 
the subject of adopting a regular system of finance for the 
Territory. To effect this it will be necessary to create the 
oflice of Auditor of Public accounts, whose duty it shall be 
to audit all claims against the Territory, and <)n Avhose war- 
rant all moneys appropriated l:)y law shall be drawn from 
the Treasury of the Territory. By our present laws, tlie 
office of Territorial Treasurer is created, but there is no law 
in force to define his duties, or to point out the manner in 



1839] Governor Robert Lucas 199 

whicli public moneys are to be paid into the Temtorial 
Treasury; or when money may be in the Treasury how it 
may be drawn out of it. 

The first section of the supplementary act to locate the 
seat of government declar[e]s that a sale of lots in the town 
at the seat of Government, shall be held under the direction 
of the commissiou[er]s, the proceeds of which shall go into 
the Territorial Treasury to be expended as may be hereafter 
directed by law. 

I respectfully recommend the passage of a law regulating 
a system of finance within the Territory, in which the pow- 
ers and duties of the Treasurer may be defined. In which 
he would be rec[uired to receive and disburse all public 
funds, belonging to the Territory, as well as those approjori- 
ated by Congress for erecting public buildings, as the funds 
that may be collected under the Temtorial laws. A well 
regulated system of finance would relieve the Temtory fi'om 
embarrassment in its fiscal opporations, and would lead to 
economy in public disburs[e]ments, which is an object that 
should never be lost sight of, by all public functionaries. 

The act of the last session to i^revent gambling, approved 
25'.'' of December, 1838, contains efiicient provisions, and if 
faithfully executed must ultimately tend to check those per- 
nicious practices within the Territory. But the demon of 
Intemperance seems to stalk through of [our] land unmo- 
lested, and indeed fortified in many respects behind the 
license law of the country. The principal of raising a reve- 
nue from license to vend or retail intoxicating drinks appears 
to me to partake much of the character of legalising indul- 



200 Executive Journal of Iowa [1839 

geneies to commit crime. The veuder of ardent spirits (ir 
otlier intoxicating drinks, tliough it may be legalised by 
license, is, in my opinion, morally accountable for all crimes 
and wretchedness produced by the use of such ardent spirits, 
or other intoxicating drinks vended by them, whether 
wholesale or retail The philanthropist and statesman of 
late years considered intemperance one of the greatest evils 
that pervade our land. It is considered the cause of more 
wretchedness, crime & death, than any other cause whatso- 
ever, and many of the states have interposed the strong arm 
of the law to check its progress. But when we consider 
that our government and laws are under the control of pub- 
lic opinion, I have, after much reflection, been led to the 
conclusion that the most effectual mode to surpress this 
greatest of evils — (intemperance) would be to submit it 
entirely to the control of public opinion. I therefore seri- 
ously solicit the attention of the Legislative Assembly to 
the subject and recommend to their consideration the pass- 
age of a law repealing all laws now in fource in the Terri- 
tory, that authorise granting license to vend or retail ardent 
spirits, and leave the subject entirely undei' the control of 
public opinion, holding the keepers of public houses and 
groceries accountable under heavy penalties for permitting 
drunkenness or disorder about their respective houses. 
This, in my opinion, would give a fatal check io the prac- 
tice. The whdle moral influence of the community would 
in a short time be Ijrought U) bare upon it, and being with- 
out the support of legal license, would i;ltimately sink under 
the weight of public opinion. But should the foregoing 



1839] Governor Robert Lucas 201 

recommendation be deemed inexpedi[e]nt, I would suggest 
an alteration in the laws, so that no license to retail ardent 
spirits or other intoxicating drinks, should be granted by 
any authority in any county within the Temtory of Iowa, 
unless a majority of the legal voters in such county, should 
vote in favor of granting such license at their respective 
annual elections. This principal has been adopted by some 
of the states, and has been spoken of as highly beneficial in 
its effects. It is in strict accordance with the spirit of our 
institutions, that a majority of the cpialified voters in the 
respective counties should determine on Cj^uestions of policy 
that are so intimately connected with their interest and 
future prosperity. 

The foregoing suggestions are respectively submitted to 
your consideration, under a confident belief that you will 
give them the consideration that is due to the impoi-tance of 
the subject 

By the provisions of the act of Congress, appi'oved June 
18. 1838, entitled "an act to authorize the President of the 
United States to cause the southern boundary line of the 
Temtory of Iowa west of the Mississippi river, which 
divides it from the state of Missouri; and that for that pur- 
pose he has [been] authorized to appoint a Commissioner 
on the part of the United States, who should unite or act in 
conjunction with a Commissioner to be appointed by the 
Governor of Missouri, and a Commissioner to be appointed 
by the Governor of the Territory of Iowa, in mnning, 
marking and ascertaining said boundary Line; and it was 
made the duty of the Commissioner to be appointed by 



202 Executive J ournnl of lown [1839 

the President to make a full report of his proceedings in 
the premises to the Secretary of State of the United States. 
Under the provisions of said act, Albert M. Lee^ Esqr was 
appointed a Commissione[r] on the part of the United 
States, and Dr. James Davis was appointed a Commis- 
sione[r] on the part of the Territory of Iowa. The Gov- 
ernor of the state of Missouri declined to appoint a Com- 
missione[r] on the part of that state. The law declares 
that if the state of Missouri and Territory of Iowa should 
fail to appoint Commissioners, or if the Commissione[r]s 
appointed by either or both should fail to attend to the 
duty after reasonable notice, that the Commission [er] on 
the part of the United States should proceed to execute the 
duties enjoined with either of said commissione[r]s, who 
might attend, or without the attendance of either C)r both of 
said Commissione[r]s. The law further declar[e]s, that the 
line so run, ascertained and marked, should not [lie] deemed 
to be linaEy established and ratified by the United States 
until the Map or plat and descriptions aforesaid, and also, 
the said report of the Commissione[r]s, should be submitted 
to, and the boundary as thus ascertained and marked ap- 
proved of and ratified by the Congress of the United States. 
The Commission [er] appointed on the part of the United 
States, in conjunction with the Commissione[r] on the part 
of the Territory of Iowa, proceeded to the discharge of 
their duties, and submitted their reports in accordance with 
the requisition of the law, and in obediance to a resolution 
of the House of E,epresentativ[e]s on the 30"' day of Janu- 

' This name should be spelled, Lea. — Editor. 



1839] Governor Robert Lueas 203 

ary last. The report of the Commissione [r] on the part of 
the United States was submitted to Congress by the Secre- 
tary of State, but not being finally acted upon before the 
adjournment of Congress, it now awaits the final action of 
Congress thereon at the ensuing session. After this report 
was submitted to Congress, the Legislature of the State of 
Missouri passed an act declaring the line run by their own 
Commission [er]s in 1S37, to be the northern boundary of 
that state. This act was dated, according to the Proclama- 
tion of the Governor of Missouri, on the 16^^ of July 1839. 
This Missouri act appears to have been passed in defiance 
of the proceeding[s] of Congress, and in direct contraven- 
tion of their acts, and under the provisions of which the 
authorities of that State have attempted a tortious juris- 
diction over a portion of this Territory within the county 
of Van Buren, and on which the Tenitory of Iowa has since 
its organization exercised an unmolested jurisdiction. 

The unwarrantable and unjustifiable proceeding of the 
authorities of Missouri, and their attempt to levy and col- 
lect taxes from the citiz[e]ns of the United States residing 
within the organized boundaries of this Territory, has caused 
an ex[c]itement of feeling, that may ultimately lead to the 
efl^usion of blood. 

It becomes our duty to ma[i]ntain the jurisdiction of the 
United States over all the Territory embraced within the 
boundaries of the Territory of Iowa at the time of its 
Organization, until Congress establish the line. This duty 
cannot be dispensed with by the authorities of the Terri- ' 
tory, acting as they do under the laws of the United States. 



204 Executive Journal of Iowa [1839 

They are bound to ma[i]iitaiii tlieir supremacy, and cannot 
compromise or yield tlie jurisdicti[o]n of tlie U. S. in any 
way or manner whatever. 

In order that the Legislative Assembly may have a full 
view of this ex[c]iting subject, I transmit, witli this mes- 
sage, to the House of Representatives, all documents in 
posses[s]ion of the Executive, that can cast light on the 
subject, with a request that they may be communicated to 
the Council, and receive the prompt attention of the Legis- 
lative Assembly, more especially the report- of the Adjutent 
General contain [e]d in No. 16. (Having no copies I send 
the Originals, and request that they may be preserved 1)}- 
the Legislative Assembly, to wit: Documents X'^ 1 to 18, 
inclusive) 

In concluding this communication, I will suggest to the 
Legislative Assembly the propriety of again memorializing 
Congress to grant to this Territory for literary purposes a 
quantity of land equal to the grant made to Wisconsin. It 
seems to me that Congress will not withhold from Iowa, 
the same liberality that has been l^estowed upon other Ter- 
ritories, if properly pressed up<in their consideration. 

That your deliberations on all subjects touching the gen- 
eral interests of our country, and the prosperity and happi- 
ness of our constituents, may be crowned with success is the 
ardent wish of 

Your oljed[i]ent Servent 

Robert Lucas 
Burlington, November 5. 1839. 



1839] Governor Robert Lucas 205 

[Recorded by X ] 

Executive Department I. T. 

Burlington, Nov. 6. 1839 
Sir, 

It becomes my meloncholy duty to communicate to you 
the death of William B. Conway Esq? Secretary of the Ter- 
ritory of Iowa. Mr. Conway died of a congestive fever in 
this city about One oclock this day. 

Verry respectfully 

Your ob' Ser' 
Hon. JoHjT Forsyth Robert Lucas. 

Secretary of State IT. S. 
Washington City 

[Recorded hy X ] 

Executive Department I. T. 
Burlington November 6. 1839. 
To tire Honorable House of Rejyresentatives of the Legis- 
lative Assemhly: 

Gentlemen: 

On the evening of the 25"' of Janu- 
ary last, after the Legislative Assembly had closed its ses- 
sion, and many of the members left the city; the following 
described enrolled bills was presented to me for approval, 
but being objectionable in some of their provisions, the 
adjournment of the Legislative Assembly; deprived me of 
the opportunity of making my objections know[n] to that 
body. 



206 Executive Journal of Iowa [1839 

Cou8ei:|ueiitl}' tbe bills were filed in the Executive office 
Avitliout my siguature, and are now transmitted to the House 
of liepreseutatives, the branch of the Legislative Assembly 
in which they originated in order that such proceedings 
may be had thereon as may be deemed advisable by the 
present Legislative x\ssembly. 

The first is a bill entitled "An act concerning the repeal 
of statutes." The l,)ill if it had been approved would have 
repealed all laws of a general nature heretofore passed by 
the Legislative authorities of Michigan and Wisconsin, and 
now in force in this Teii'itory, which would have left us 
without law in many important cases towit; The law regu- 
lating marriages would have been repealed and we would 
have had no law in force in this Territory on that as well as 
many other important subjects. The second is a bill entitled 
"An act to provide for the compensation of printers of the 
Legislative Assembly and for other purposes ["]. 

On an examination of this act, it appears to be a general 
approp[r]iatiou bill, in which are contain [e]d some appro- 
p[r]iation[s], that in my opinion, are in contrevention of 
the laws of the LTnited States, and conse(.|uently could not 
rec? the approval of the Executive. 

The 3"^ section of the act of Congress making approp[r]i- 
ations of the civil and diplomatic expenses of the govern- 
ment for the year 1S39, declares "That no officer in any 
branch of the pul;)lic service; or any other person, whose 
salary or whose pay or emoluments is or are fixed by law 
and regulations shall receive any extra allowance or com- 
pensation in any form whatsoever for the disburs[e]meut of 



1839] Governor Robert Lucas 207 

public money, or the performance of any other service, un- 
less the said extra allowance or compensation be authorised 
by law." The objections of the Executive are confined to 
such allowances as he believes to be in voilation of the 
aforesaid act of Congress. The suggestions together -n-ith 
the bills, are respectfully submitted to the consideration 
of the Legislative Assembly. Any special objections are 
deemed inadvisable at this time, as the bills will conse- 
quently he acted upon de novo by the Legislative Assembly. 
Veny respectfully 

Your Ob' Sei-t. 

Robert Lucas. 



\_Recorded by JT ] 

Executive Department I. T. 
Burlington, Nov. 16. 1839 
To the 

Hon. Levi Woodberry 

Secy of the Treasury U. S. 
Sir, 

I herewith transmit an estimate of the Superintendent 
of the Iowa Penitentiary, dated the 9'^ Inst. — estimating 
the probable expenditure on that work for sixty days next 
ensuing the date thereof, which estimate has been approved 
and endorsed by the directors. 

I therefore in compliance with their request solicit that a 
check on the State Bank of Missouri or Receive [r] of pub- 
lic moneys at this place may be forwarded to Amos Ladd, 



208 Executive Journal of Iowa [1839 

the Suj^eriutendent of said Peniteutiaiy, for $2775.00 — 
the amount of the estimate to be ])aid out of the ajjpropri- 
ation made by Congress in the act approved 7"' of July 
1839 — "for the erection of public buildings iu the Tei'ri- 
tory of Iowa." 

Verry respectfully 

Your. Ol)t Sert. 

Robert Lucas 



[Recorded by X ] 

Executive Department I. T. 
Burlington, Nov. 19. 1S39. 
To the 

Hon. House of Representatives 
Gentlemen; 
I have this moment received your Resijlution of 
this date in the following words: "Resolved, That his 
Exc^. the Gove [r] nor, be requested to furnish this House 
with the dates of the several Sheriffs commissions by him 
issued throughout the Territory." 

Feeling a willingness at all times to furnish the House of 
Representatives with any information iu my possession that 
may be satisfactory to them — I herewith, transmit by the 
bearer of your Resolution a list of the several Sheriff's com- 
missioned by me within the Territory together with the 
date of the several commissions viz: — 



1839] Governor Robert Lucas 209 

Lee county, Braxton W. Gillock— 18"^ July^ 1839 

Van Buren County Henry Heffleman 18"^ July^ 1839' 
Des Moines Co. James Camron 18"^ Julyi 1839 

Henry County Samuel Smith— 18"' July^ 1839 

Jefferson Co. Fredrick F. Lyon 18. Julyi 1839 

Resigned IT'? Sept. James L. Scott Com^ 18 Sepf 1839 
Louisa County— Cavil M M'? Donald 18 Jany. 1839 

Musquatine Co. James Davis — 18 Jany. 1839 

Washington Co. Milo Holcomb 18 Jany. 1839 

who failed [to] qualify <fe was reappointed 1 1*?" Sept. 1839 
Johnson County, Sam! Trowbridge — 18 Jany. 1839 
Scott County, Adrian Davenport 28'.'' Jany 1839 

Cedar County — George McCoy 18 Jany. 1839 

Linn County — Socrates Try on 18 Jany. 1839 

who declined and W. Gray was appointed 10 July 1839 
Jones County — Hugh Brown 18'? Jany 1839 

Jackson County — W"? A. Warren IS'?' Jany 1839 

DuBuque County — Geo. W. Cummins 18 Jany 1839 
Clayton County— John W Griffith 18 Jany 1839 

Veny respectfully 

Your Ob' Sert. 

EOBERT LfCAS. 

N. B. Elisha E. Edwards, was on the 22'? day of Septr 1838, 
Commission [ed] Sheriff of Cedar Co. & Braxton W. Gillock 
on the 24'.'' of Sep"- 1838, com? Sheriff of Lee Co. w[h]ose 
com? expired at the close of the last session of Leg*? Assembly. 



Probably January instead of July. — Editok. 



210 Executive Journal of Iowa [1839 



llleronh:d hij X ] 

Executive Departmeut I. T 
Burliuo-ton, Xovember 19. 1839 
Sir, 

It is with pleasure I ackuowledge the receipt of your 
letter of the 21^' uto. iuforming me "that in conformity 
with promise contained in the letter of the acting Secretary 
of War to me of the 7*?' of August last: my application for 
a supply of Coopers tactics and regulations for the informa- 
tion and instruction of the Officers of the Militia of Iowa," 
liad been laid l:iefore you since your return to the seat of 
government — and you had the pleasure to informe me that 
fifty copies of the wourk would be immediately forwarded 
to me through the Quarter Master of the Army." 

This number will aid us in laying a good foundation for 
the instruction of our Militia. It will furnish each gen- 
.e[r]al and field Officer with a c(_)py, and if our Militia should 
attain to that perfect organization that is desired, a cor- 
rect knowledge of di[s]ciplin[e] and tactics may be diffused 
throughout the whole body by the active exertions of their 
officers. 

I meet with much difficult)- in effecting the organization 
of our Territorial Militia. It appears to be attended with 
extreme difficulty to prevail on men of competent military 
abilities to accept of commissions as company Officers — 
tho' I trust this will ultimately be accomplished. 

I suggested in my letter of the 9*'^ of July last, the estab- 
lishment of a depot of public arms and munitions of war at 
some central point on the Mississippi Eiver in this Terri- 



1839] Governor Robert Lucas 211 

tory for tlie use of the Militia iu case of need. The chief 
of the Ordenance Department to whom my letter was 
refer [r]ed, suggested Fort Armstrong and Prairie du Chain 
as proper locations for depots of arms. 

I would suggest Fort Armstrong on Kock Island as a 
suitable place for a deposit of arms for the use of the Militia 
of this Territory. It is a centreal position on the Mississippi 
River, at the foot of the upper rapids, and is a point fi'om 
which arms and munitions of war could be as conveniently 
dispa[t]ched to the different parts of the Territoiy as any 
other point on the River. 

Should the Department determine on on establishing a 
depot of arms and munitions of war at Rock Island for the 
benefit of the inhabitants of the Temtory in case of need, I 
would suggest the propriety of placing in deposit at that 
place a large portion of Halls Carbin[e]s, Horsemeus riiie 
pistols, Holsters and cartrage boxes complete, with a due 
portion of sabers and Rifles for Riflemen, with all the neces- 
sary ecpiipages — and a few pieces of cannon for light ai'til- 
lary. The particular number of each kind of arms I will 
not attempt to designate to the Department, but I am fully 
satisfied that if we are under the necessity of using the arms 
in defense of the Territory it will be against the Indians on 
our western and northwestern borders. When we consider 
the war like habits of these tribes of Indians — theii' expert 
horseman ship — and the open prairi[e] country they inhabit 
I am convinced that should a war brake out with them that 
they could be most successfully persued on horseback, and 
that it would be the best policy of government on the com- 



212 Executive Journal of Iowa [1S39 

mencement of liostilities with these tribes to reduce [them]i 
at once to uncouditional subieetion, aud give them uo time 
to form a confederation with other Indians. At present 
our neighboring Indians apj^ear to be friendly disposed, 
aud I think they will continue friendly to the inhabitants so 
long as they are at war with each other, but should the con- 
federated tribes of Sac tfe Fox Indians on our western border 
become friendly Avith the various tribes of Sioux on our 
north west — the restless warlike character and disposition 
of these Indians would lead us to expect difficulties with 
them, and should admonish us to be prepared for such a 
contingency. 

With since [re] respect 
Hon J. R. Poinsett I am Your Ob' Sert. 

Secy, of War Robert Lucas 

Washington 
City. 



[Recorded by X ] 

Executive Department I. T 

Burlington Nov. 20'.^ 1839 
To the 

Hon. Committee of the Clouncil on the Territorial 

Library: 

Gentlemen, 

In compliance with the Resolution of 

tlie Council of tlie 18"' and your communication oi the 19"' 



This word was inserted later, probably by Governor Lucas. — Editok. 



1839] Governor Robert Lucas 213 

Inst. I herewith transmit to you a general abstract of the 
expenses of the Territorial Library marked "A", and a cat- 
alogue of the Books and maps in the Library marke[d] 
"B". I also submit to the inspection and examination of 
the committee the original invoice of the purchases made — 
together with my coiTespoudence with the Secretary of the 
Treasury, and agent employed in making purchases under 
my direction. 

VeiTy respectfully 

Your Ob' Sert. 

Robert Lucas — 



lltec07-ded ht/ Jl ] 

Executive Department I. T. 
Burlington Nov. 23, 1839 
Dr. Sir, 

I acknowledge with pleasure the receipt of your 
communication of the 22"? Inst. 

You are entitled to the approbation of every citizen of 
Iowa for the prompt discharge of duty in aiTesting the 
sheriflp of Clark Co. Missouri for a voilation of the laws 
w^ithin the legitimate bounda[r]y of our Temtory. 

It does not come within the scope of Exe[c]utive duties 
to direct proceedings in judicial cases. By referance to the 
2P' sec. of the act defining the duties of sheriffs <fec — (Iowa 
statutes page 446) the district Judge is authorized to grant 
certain privilages, which Judge Mason has done — and his 



214 Executive Journal of Iowa [18.39 

order is herewith transmitted to you. Under this privilage 
granted by the Judge you may remove the prisoner to any 
part of Van Buren county — and keep him under suc-h guard 
as you may direct. 

There will be a bill presented tij the Legislative Assem- 
bly on Monday next to authorize the removal of prisoners 
to any part of the Tenitory for safe keeping. This bill 
will doubtless pass both H<_)uses, and in all probaljility will 
become a law on the same day it is presented. Provisions 
wiU be made in it to meet the case under your consideration 
— and you will then be authorized to remove the prisoner 
to Bloomingtou or any other place within the Territory you 
may see proper. 

The Marshall of the United Stat[e]s will start to your 
place on tomorrow You will probably receive sctme com- 
munications by him. 

You may rest assured that that your proceedings meets 
with my entire approbation. 

Very respectfully 

Your Ob' Seit. 

Robert Lucas 
Henry Heffleman Es(| 

Sheriii' of Van Buren Co 

Iowa Tr^ 



Governor Robert Lucas 215 



[liccorded hij X ] 

Executive Department, Iowa Ter^ 
Burlington, Dec' 6. 1839 
To the Marshal of the U. S. 
for the Territory of Iowa: 
Sir: 

I acknowledge the receipt of your report of the 4* 
inst. — together with the written opinion of the district Attoi'- 
ney of the U. S. for this Territory — also, your communica- 
tion of this date, — and after a mature consideration of the 
contents, I have issued an order in accordance with your re- 
quest of this date to the respective Major Generals of the Ter- 
ritory, commanding them to xise the most prompt and effic[i]- 
ent means under their control, to furnish you from time to 
time with such force as you may deem necessary to enable 
you to enforce the laws of the U. S. within the Territory of 
Iowa, and to preserve peace tfe order within the same. You 
will perceive by the order issued to the Comm [an] dents of 
Divisions, a copy of which is herewith handed to you that the 
whol[e] subject, as to the necessity of the call for an armed 
force as a Posse comitatus, and the amount of that force is 
left to your discretion, and when furnished, will be under 
your control and will act in obediance to your instructions 

With a full confidence in your discretion and prompt 
effici[e]nt action in enforcing the laws of the U. S. within 
the Territory of Iowa and preserving peace and order within 
the same, I am 

Sir with respect your 
Ob' Sert. 

Robert Lucas. 



216 Executive Journal of Iowa [1S39 

[Recorded by X ] 

Execi;tive Department I. T. 
Burlingtou, Dec": 9. 1839 
To the Honorable the Legislative Council. 
Gentlemen — 

I hereby nominate for your advice and 
consent Ludlow Pharis Esq to be Major of the 2"'^ Regi- 
ment, 2°'' Brigade 1^.' Division Iowa Militia. Also, John 
T. Moberly to be Justice of the Peace in and for the county 
of Jefferson Iowa Ter[rit]ory. 

Verry respectfully 

Your Ob' Sert. 

Robert Lucas. 



[Recorded by X ] 

Executive Department I. T. 
Burlington, Dec': 9'.'^ 1839 
Sir. 

On the 3'' of October last, I transmitted to the State 
Department for the information of the Pi'esident of the U. 
S. a communication giving a brief statement of the contro- 
versy forced upon the authorities of the LTuited States within 
the Territory of Iowa, by the authorities of the state of 
Missouri relative to the boundary line between the Territory 
of the U. S. and the state Missouri with sundry documents 
including facts which Avould enable the Pi'esideut to form a 



1839] Governor Robert Lucas 217 

correct ojiiuion as to the course and merits of the contro- 
versy, and the true position of the parties at that time. 

The subsequent intrusions of the authorities of the state 
of Missouri upon the citizens of the U. S. residing within 
the organized limits of the Territory of Iowa and the fre- 
quent infractions of the laws of the TeiTitory, as well as 
the laws of the U. S. within the legal boundaries of the 
county of Van Bureu in this Territory — together with the 
military menacing attitude assumed by Missouri have im- 
pressed upon me the duty of laying the whole subject before 
the President of the U. S. And considering the tardiness 
and uncerta[i]nty of the mails, I have this day dispa[t]ched 
Gen! James M. Morgan (the qua[r]ter master General of 
the militia of the Territory) to Washington City who will 
present to you this communication, together with sundry 
documents number [e]d from one to eighteen inclusive — 
which together with those transmitted with my communica- 
tion of the 3? of October last, will present to your consider- 
ation the whole proceedings of the authorities of the Terri- 
tory of Iowa and those of the United States from the com- 
mencement of the controversy to the present time, and to 
which I would respectfully solicite you attention, as Avell as 
the attention of the President of the United States. By a 
referance to these documents it will be found, that the 
authorities of the U. S. within the Territory of Iowa, as 
well as those of the Territory, have acted entirely ujDon the 
■defensive, and in strict subordination to the civil authority. 
We considered ourselves bound to exercise jurisdiction to 
the line commonly known as the old Indian boundary line. 



218 Executive Journal of Iowa [1839 

The Temtory of Wisconsin exercised an unmolested juris- 
diction to tliis line previsous to the organization of the Ter- 
ritory of Iowa, and the jurisdiction of this Territory under 
the auth[o]rity of the United States was exercised to this 
line without inter[r]uption until the late attempt by the 
authorities of the state of Missouri to usurp a jurisdiction 
north of that line. This line has been acknowledged by all 
acts of Congress creating Land Districts, as the northern 
boundary of the state of Missouri, as well as all the Indian 
treaties bordering on the northern line of this state. It is 
the line that has l:)een ackn(.iwledged as the dividing line 
between the jurisdiction of the Surveyor General of Mis- 
souri ik, Illinois — and the Surveyor General of <3hio Indiana 
Michigan and Wisconsin; and the laud over which the state 
[of] Missouri is now attempting to obtain a tortious juris- 
diction was surveyed under the direction of the Surveyor 
General at Cincinnati (Jhio as land as land l>eing within 
the Territory of Wisconsin, and was reported to the Reg- 
ister of the Land Oflice at this city and sold under the Proc- 
lamation of the President of the U. S. as land l}iug within 
the Territory of Iowa, and the citizens of the U. S. from 
[whom] the state of Missouri is attempting to coerce the 
jjayment of Taxes to that state purchased their lands from 
the LTnited States and settled upon them as lands lying 
wdthin the Territory of Iowa. They consider therefore that 
they have a right to claim from the U. S. the protection of 
their privilages as citizens of the LT. S. within this Territory, 
and be secured against the encroachments from any other 
authoi'ity whatso[e]ver. 



1839] Governor Robert Lucas 219 

The conduct and proceedings of the authorities of Mis- 
souri appear to be unexplicable. I was perfectly at a loss 
to conceive any possible motive to prompt to such a course 
of proceedings, but the matter has been partly explained by 
a letter from Dr. Linn a Senetor of the U. S. from the 
state of Missouri — dated Philadelphia November 9. 1839 — 
addressed to the Editor of the Missouri Argus, and pub- 
lished in that of the 29"' a copy of which is now before 
[me]. 

The Doctor says, "I am not surprised at our difficu[l]ties 
with the Indians on our borders, as they were anticipated, 
as well as the collision with Iowa, growing out of the bound- 
ary question. To prevent this last important matter from 
assuming a political aspect, it would perhaps be better to 
submit the question to the proper legal tribunals — for after 
all, it depends upon the construction to be given to an act 
of Congress. This is thrown out for reflection — the decis- 
ion of my constituents will govern my action. If Congress 
had the settlement of this affair, I feel confident that all the 
free states would range themselves on the side of Iowa, and 
perhaps some of the slave states, from a feeling of jealousy 
created by the magnitude of our state. Congress cannot 
noiv fix the boundaries of Missouri, because that body de- 
fined them the act authorizing us to form a constitution. 
Congress may determine the limits of Iowa, and make them 
conform to the claims of Missouri; but she cannot be per- 
mitted to trample upon the law adverted to — Missouri must 
have her legal and constitutional boundary. 

The resemblance in this case to the memorable Ohio and 



520 Executive Journal of Iowa [1839 

Michigan controversy is so strong that 1 tiatter myself that 
we will have the powerful assistance of Governor Lucas, 
(distinguished for his strict adherence to state rights) in 
bringing this disturbing question to a satisfactoiy conclusion 
to all parties. Altho' the resemblance is very strong be- 
tween the two cases, there is still a marked diii'erence. 
Missouri has but four Congressional and Presidential elec- 
toral votes; Avhilst Ohio had twenty-one, with Gov. Lucas as 
her chief magistrate. It is not unfair to presume that this 
fordimable phalanx had some little influence in the decision 
of the contest for Territory betwe[e]u her and [Michigan. 
This subject, with that of an efiicient and jiermaneut sys- 
tem of protection to our exposed Indian frountier, will 
dou])tless occupy the serious attention of the whole delega- 
tion at the e[a]rliest 2)ossible period." From an examina- 
tion of Dr. Linn's letter we are satisfied that the whole pro- 
ceedings of Missouri has l>een in accordance with a previous 
concerted arrangement. The act of the Legislature of Mis- 
souri declaring the line run by the commissione[r]s in 1837, 
to be the northern boundaiy of that state \\'as not passed 
until after the rejjort of Lie[u]teuant Lee,' the IT. S commis- 
sioner had been submitted to Congi'ess. The Doctor appears 
to think that Congress has not the right to settle the ques- 
tion, and states that all the free states would vote in favour 
of Iowa, and perhaps some of the slave states, from a feel- 
ing of jealousy created by the magnitude of Missouii. This 
I consider not a very high complement to the integrity of 
the members of Congress. He further states, that Congress 



1 This should read, Lea. — Editor. 



1839] Governor Robert Lucas 221 

cannot fix the boundary of Missouri — but may determine 
the limits of Iowa, and make them conform to the claim of 
Missouri. This I admit. Congress has undoubtedly the 
right to define the boundaries^ of this Territory — but would 
it be just, to take from this Territory and add to the state 
of Missouri which is already one of the largest in the Union. 

The Missouri senetor states in his letter, "that the resem- 
blance in this case to the memorable Ohio and Michigan 
controversy is so striking that he flattered himself that they 
would have the powerful assistance of Governor Lucas (dis- 
tinguished for his strict adherance to state rights) in bring- 
ing this disturbing question to a satisfactory conclusion to 
all 2>arties — altho' the resemblance is very strong between 
the two cases, there is still a marked dift'erance — Missouri 
has but four Congressional & Electorial votes, while Ohio 
had twenty one — with Govern [or] Lucas as her Chief Mag- 
istrate, it is not unfair to presume this phalanx had some 
little influauce in the decision of the contest for territory 
between her and Michigan ["]. 

My name having been thus g[r]atu[it]ously introduced 
into this matter by the Honorable senetor from Missouri, I 
conceive it due to my character as the former Governor of 
Ohio, as well as the Governor of Iowa Territory, to take 
a brief notice of the Honorable sen [a] tor, and to show him 
where there is, and where there is not a resemblance in the 
present controversy between the state of Missouri and the 
United States, and the memorable Ohio [and Michigan] "^ 
controversy (as he calls it.) 

' These words inserted by Governor Lucas. — Editor. 



222 Executive Journal of Iowa [1839 

The state of Ohio never Contended that she had a right 
to run a boundary line through the Territory of the United 
States without the consent of Congress — neither did she 
ever attempt to run such a line. Ohio only contended for 
the line expressly defined in her Constitution, and which 
had been run and marked as the boundary line between the 
state of Ohio and Michigan Territory by M"" Harris under 
the direction of the Surveyor General of the United States, 
and reported l^y him to the Executive of Ohio as her north- 
ern boundary line. Ohio claim [e]d the right to trace and 
remark this line and to extend her jurisdiction to it. (Jhio 
contended that there could be no controversy between a 
state and a Territory on the subject of boundary — and that 
the controvei'sy was between that state and the United 
States, and that Michigan could not he known as a party in 
the controversy. She contended that C-ongress was the only 
tribunal competent to determine on (piestions of boundary 
between a state and Territory of the U. S. and that the 
judiciary could not exercise jurisdiction in such cases. The 
reverce of this is contended for by Missouri if we can under- 
stand the Honorable Senator's letter. Missouri claims the 
right to fix her own boundary, and to run it through the 
Territory of the U. S. without the consent of Congress — 
She denies to Congress the right to deside in the case 
further than may be in accordance with her wishes — and 
seems to think that the judiciary of the U. S. is the compe- 
tent tribunal to decide questions of boundary, and wishes to 
press the Territory of Iowa as a party in the controversy. 
Michigan contended, that as a Territory she was a party to 



1839] Governor Robert Lucas 223 

the controversy relative to the boundary between that Ter- 
ritory and the state of Ohio — She denied to Congress the 
right to act on the subject, and contended that the question 
could only be settled by the judiciary of the U. S. The 
Territory of Iowa, in the present controversy declines being 
a party. She considers herself entirely under the controle 
of the General Government and acts entirely under the 
authrority of the U. S. She considers that Congress is the 
only compotent tribunal to decide the controversy between 
the State of ]\Iissouri and the U. S. relative to the northern 
boundary of that state and she denies to the judiciary of the 
U. S. the right to adjudicate in c^uestions of boundary either 
between a state and the U. S. or between two sover[e]igu 
states. She thinks that the constitution of the U. S. gives 
to the judiciary no such power — and that it would be a 
power of too great magnitude to be entrusted to that branch 
of the government that if possessed the judiciary might 
annul the sover[e]ignty of a state — sover[e Jignty and Ter- 
ritory being iuseperable sover[e]ignty cannot exist without 
Territory, and if the doctrin[e] were acquised in that the 
Federal judiciary [had the power to]^ adjudicate away a 
part of the Territory of a sover[e]ign state, they might by 
the same power adjudicate away the whole, and thereby 
anuU their sover[e]iguty. Such power, I am convinced 
was never intended by the frame [r]s of the constitution to 
be vested in the judiciary 

-If the Hon Senator of Missouri will examine the subject 

1 Inserted by Governor Lucas. — Editor. 

2 The remainder of the document was copied by Governor Lucas. — Editor. 



224 Executive Journal of Iowa [1839 

he will tind that the state of Missouri is acting iipon the 
same principles that Michigan advanced — and that the Ter- 
ritory of Iowa is control [l]ed by the principles contended 
for by the state of Ohi(_i, and which were ultimately con- 
iirmed l)y Congress — The Hon Senator refers to my state 
right[s] princi2:)les — I acknowledge that I am in favor of 
state rights — I think that we should guard with ^' Argus 
Ei/es'" all the rights secured to the states by the constitu- 
tion, while at the same time we should with equal vigilance 
guard against intruding upon the rights granted by the con- 
stitution to the General Government. And in the case 
under consideration I can never concur with the Hon. Sen- 
atoi' Lui[it"[ in his consolidation doctrines of vesting the 
Judiciary of the U S with such enormous power as he 
seems to contend for — In respect to his allusion to the Con- 
gressional and Electorial vote of Ohio. In the 23resent case, 
I will remind him that Iowa has neither a Congressional or 
Electorial vote to inHueuce a decision in her favour, — That 
as far as this Territory is conc[e]r[n]ed she is willing to 
submit her claims to the calm and dispassionate considera- 
tion of the Congress of the United States, and that she is 
not the least alarmed at the powerful talents that the Hon 
Sen [a] tors from Missouri will wield against her in the coun- 
cils of the Nation. How this controversy will end, it is 
impossible to foretel[l]. — Report says that Missouri is 
embod\ing a military force to take possession of the dis- 
trict of country claimed by her — The INIarshal of the U. 
S has made a requisition on the different Majors Generals, 
of the militia of the Territorv, for forces to enable him to 



1839] Governor Robert Lucas 225 

enforce the laws of the U. S. and to repel an invasion of 
our Territory, by an armed force from Missom'i. — The 
air of sui^eriority assumed by the authorities of Missouri; 
and the menaces of a few reckless characters near the line, 
has caused an excitement of feelings in the breasts of our 
citizens which if intruded upon much further, may burst out 
beyond, the restraint of legal authority — Should the 
authoriti[e]s of Missouri invade our Territory with an 
armed force and recommence their depredations, I am appre- 
hensive that blood will be shead, and if blood begins to flow,, 
it is impossible to foresee where the matter will end — 
Under this state of things, I have concei[v]ed it to be my 
duty, to submit the subject, to the serious consideration of 
the Pres[i]dent of the United States, and to solisite, his 
interference and instructions — Acting as I do entirely 
under the authority of the United States, I am extremely 
anxious to receive the instr[u]ctions of the President on 
this exciting subject, and you may rest assured, that what- 
ever his instructions may be, that they will be promptly 
attended to by. Your, Vy Obe[die]nt Servant — 

Robert Lucas ^ 
Hon John Forsythe 

Secr[e]t[a]ry of State U. S 
Washington City 



Autograph signature. — Editor. 



226 



Executive Journal of Iowa 



[1839 



\^llecorded by Governor Lucas] 

Executive De2>artm[e]ut Iowa Teiy 
Burlington De[ce]mbei' 18"^ 1S39. 
Sir, 

In comjiliance with the request, of the LegisLative 
assembly, of this Territ[or]y, I have the Honor, herewith 
to transmit to your Ex[c]ell[e]ncy, the enclosed Preamble 
and joint Eesolutions, of the Legislati[ve] assembly of this 
Terr[i]tory, with a request, that you may transmit, a copy of 
the same, to the Hon Members in Congress from the State 
■of Missouri, and to solisite their aid in behalf of the appro- 
priation, for the prosecution of the improve [me] nt thereon 
ispeciiied. 

With Sincr re[s]pect 

I am sine 
Your very 
Obt St 
His Ex[c]ellency Robert Lucas^ 

The Governor of the 
State of Missouri 

Jefferson City 



1 Autograph signature. — Editor. 



1839] Governor Robert Lucas 227 

[Recorded by Governor LuraiP^ 

Executive Department 
Iowa Terry 
Burlington December 19* 1839 
To the Honorable tlie House of Representatives, of tlie 
Legislative Assembly. 
Gentlemen, 

Tliere was presented to me for my consid- 
eration, on the 17'^ inst, A Bill entitled '•'■An Act to create 
the office of iniLllc lyrinter and to define Im duties'''' — -I have 
carefully examined this act, and approve all its provisions, 
except the clause that jijrovides for the ap2')ointment of the 
public Printer by "joint ballot of both branches of the 
Legislature of the Territory" — I have carefully examined 
the Organic law, and have been unable to reconcile this 
mode of appointment, with any of its provisions — This 
law being considered as the Constitution of the Terr[i]tory, 
any appo[i]ntment made in contravention of its provisions, 
would be subject to be declared void, by the District Court, 
on a writ of (2iio Warranto, which might lead to much 
litigation and imbarr[a]s[s]m[e]nt to the public, with these 
suggestions, I return the bill, without my signature, — and 
respectfully solisite of the Legislative Assembly, a calm 
and dispassionate consideration, of the 7th Section of the 
Organic law, relative to the mode of appo[i]nting "civil 
officers not therein provided for" — 

Very respectf[u]lly 
Your obed[i]e[n]t Servt 

Robert Lucas ^ 

' Autograph signature. — Editor. 



228 Executive Journal of Iowa [1S39 

[Recorded Jnj Governcr I^iteui\ 

Executive Depai'tm[en]t Iowa Terry 
Burlington Dec[e]mber 21^' 1839 
To the Honorable the Legisl[at]ive Assembly, 
Gentlemeu, 

I have received a communic[a]tion from 
the Executive of the State of New York — transmitting a 
copy of a law, of that State, relative to the arrest and deten- 
tion of fugitives from justice, from other States, or Terri- 
tories, of the United States — which is herewith transmitted 
for your Consideration — 

This Subject appears to be an important one, and deserv- 
ing of your most deliberate attention. 

The original Communication is herewith transmitted to 
the House of Representatives, with a request, that after its 
Consideration in that house, it may be transmit[te]d to the 
Co[u]ncil. 

A-'ery respectfully 
I am your Obed[i]e[n]t Servt 

lloBEKT Lucas ^ 



Autograph signature. — Editor. 



1839] Governor Robert Lucas 229 

\_Recorded hy Governor Lucas\ 

Executive Departm [e] nt, Iowa Territ[or]y 
Burlington Dec[e]mber 2 P' 1889. 

To tlie honorable the House of E.epresentativ[es], of the 
Legislative Assembly 

Gentlemen, 

There was presented to me on the 
SO*** instant, for my consideration and ajjproval, a Bill, 
entitled '•^ An Act, to provide for the appointment of a 
Librarian, and for other purpo>ie%'''' — I have carefully exam- 
ined this bill, and approve of it, in all its provisions, excep\t\ 
the first section, lohich provides for the afpointment of a 
Librarian hy joint ballot, of the Council and House of Rep- 
resentatives ; that being a mode of appointment entirely 
unprovided for, in the Organic law, I am compel [l]ed under 
a conscious sense of duty, to withhold from the bill, my 
assent on that account; and herewith return it to the House 
of Representatives without my signature — I have been 
informed that during the discussion of this bill, in the H. 
R. the act of establishing the seat of Gov[ern]ment, was 
refer [r]ed to as a precedent; for this mode of appointing 
office [r]s. 

My opinion was expressed, to the Legislative Assembly, 
on that subject, in communications to the H. R. of the 17'^ 
and 21'^' of January last; which will be found in the journals 
of the House of Representati[v]es, pages (225) and (265) 
to which I respectfully invite the attention of the Legisla- 
tive Assembly — The opinions there expressed is still 



230 Executive Journal of Iowa [1840 

entertained by the Executive; and however unpleasant it 
may be to differ with the Legislative Assembly, in opinion; 
He cannot conscien[tiou]sly yield his assent, to any bill, 
that he believes, to be contrary in its provisions to the 
Organic law — 

Very respectful[l]y 

Your (Jbt Sert 

Robert Lucas^ 



\_Rccorded hij Gorernor iwcv/s] 

Executive Department Iowa Terr[i]t[or]y 
Burlington January 2" 1840; 
To the Honorable Council of the Legislativ[e] Assembly — 
Gentlemen. . 

I have the honor herewith, to nominate 
for your advice, and consent, the following named gentle- 
men, for the respective offices atta[c]h[ed] to their names 
to wit — 

Joseph Westcott to l)e Judge of Probate, in and for Van 
Buren County — 

James K. Moss to be Judge of Prol^ate, in and for the 
County of Jackson, — 

Ephraim Killpatrick, to be Judge of Probate in and for the 
County of Henry — 

Adrian H. Davenport, to be Sheriff in and for the County 
of Scott. 



Autograph signature. — Editor. 



1840] Governor Robert Lucas 231 

James L. Scott to be Sheriff in and for the County of Jef- 
ferson. 

Milo Holcomb, to be Sheriff' in and for the County of 
Washington. 

Hosea W. Gray, to be Sheriff' in and for the County of 
Lin[n]. 

Ralph P. Lowe, to be District Prosecutor in and for the 
Second Judicial District — 

All of which is respectful [l]y solicited 

Vy respec[t]ful[l]y you[r] 

obt Svt 
EoBERT Lucas ^ 



[HecorcM, by GoiKrnor Lucas] 

Executive Department la. Tery, 
Burlington January 4"^ 1840. 
To the Honorable the Council of the Legislative Assembly — 
Gentlemen, 

In compliance with your resolution, of the 
'd^'^ Insta[n]t, this moment handed to me — I herewith trans- 
mit, for the information of the Council — The correspond- 
ence, between the Executive, of this Territory, and the Sec- 
retary of "War on the subject, of Public Arms, Books of 
Instruction — and the defense of our frontiers — These 
Documents are nu[m]bered from one, to six inclusive — 
The Books have not yet been received — I have trans- 

1 Autograph signature. — Editor. 



232 Executive Journal of Iowa [i840 

mit[t]ed the Origiual letters, with a request, that after they 
may have been journalized in the Council, that the originals 
may be returned to this Dep[ar]t[me]nt. 

Very respectful [l]y 

Your (:)l:>t Sevt 

Robert Lucas ^ 



\_Recorded by Governor Luca^~\ 

Executive Departm[en]t Iowa Terr[i]t[or]y 
Burlington January 23'^ 1840. 
I certify that Dr James Davis, was on the 1*' day of Sep- 
tember 1838, appointed by me a commissioner on the part 
of the Territory of Iowa, to act in conjunction with the 
commissioner appointed by the United kStates, in running 
marking, and ascertaining the southern boundary of the 
Territory of Iowa — in pursuance of the provisions of the 
Act of Congress Entitled "An Act to authorize the Presi- 
dent of the United States to cause the southern boundary 
line, of the Territory of Iowa to he ascertained and marked" 
approved the 18th day of June 1838, — That he attended 
to the duties assigned him, in conjunction with A. M. Lee- 
Esqr. The commissioner appointed on the part of the 
United States, and that he has not received any compensa- 
tion for his services, there being no funds, under the Cou- 
trole of the authoriti[e]s of the Terr[i]to[r]y of Iowa, 
from which he could be paid — I th[e]refore unite with 

1 Autograph signature. — Editok. 

= Should read Lea instead of Lee. — Editor. 



1840] Governor Robert Lucas 233 

him, iu the request, that au appropriation be made by Con- 
gress, to compensate him for the service performed under 
the aforesaid ap2ioiutm[e]ut — 

(Sigu[e]d) Robert Lucas ^ 

Govr of Iowa Terr[i]t[or]y 
C[e]rtiiic[a]t[e] on the the 
Petition of Dr James Davis, 
to Congress, for compensation. 



[Jiecorded by Governor Lucas] 

Executive Departm[e]nt Iowa Terr[i]to[r]y 
Burlington January 29"^ 1840. 



Si 



In complianc[e] with a joint Resolution of the Legis- 
lative Assembly, approved the IG"" inst[a]nt, requesting 
our Delegate in Congress to obtain the passage of a law, 
relative to the election of Governor of this Territory, by the 
people, I herewith transmit to you a copy of the same, and 
at the same time assure you, that nothing would give me 
more individual satisfaction, than to see this amendm[en]t, 
to the Organic law, therein proposed, take effect. 
I Vy respectful [l]y I am 
Hon W^^ W Chapman obt Svt 

Delegate in Congress U. S \ Egbert Lucas ^ 



1 Autograph signature. — Editor 



234 Executive Journal of Iowa [1840 

[^Rccorded by Governor Lucas] 

Executiv[e] Depart[rae]nt Iowa Terty 

Burliugton Januarv 29"' 1S40 
Sii- 

In complianc[e] with tlie request of the Legislative 

assembly, I have the honor to transmit to you the enclosed 

Joint resolution of the Legislative Assembly (the same as 

above) with the requ[es]t, that it may be laid before the 

body, over which you preside — 

Vry respectfu[ll]y 

Yo[u]r obt St 

Hon. R. M. JoHyso>r Eobert Lucas ^ 

President of the S[e]n[a]te L" S 

cojiy to 

Hon Speak [er] of the IL R. U S 



[Recorded l:nj Goi-enm- L,icai\ 

Executive Departm[e]ut Liwa Terr[i]t[or]y 

Burlington January 27"^ 1S40 

To the Honr. 

Levi Woodburt Se[c]reta[r]y of the Treas[ur]y U. S 
Sir 

I herewith transmit an estimate of the Superiute[n]- 
de[n]t, of the Iowa Penitentiary, dated the "J*'' inst. estimat- 
ing the probable expenditures on thos[e] works for sixty 
days next ensuing, which estimate has been endorsed by the 
Dire [c] tors — 

1 Autograph signature. — Editor. 



1840] Governor Robert Lucas 235 

I therefore in compliance with their request, solisite that 
a check on the state banlv of Missouri, or Keceiver of Pub- 
lic monies, at this place, may be forwarded to Amos Ladd, 
the superintendent, of said Penitentiary, for 84200 four 
thousand two hundred Dollars, the amount of the estimate 
to be paid, out of the appropriation, made by Congress in 
the act, approved 7'''^ Jnly, 1838. for the erection of public 
buildings in the Territory of Iowa — 

Nj respectfu[l]ly 

You[r] obt Svt 

Robert Lucas ^ 



\_Recordcd by Governor Luca.f ] 

Executive Department Iowa Terr[iJto[r]y 
Burlington January 20"> 1840. 
Extract from the Act entitled "An Act, Supplementary 
to An Act, to locate the Seat of Government of the Terri- 
to[r]y of Iowa — and for other purposes" — approved the 
27"^ of January A D 1839— 

" Section 4 Be it further enacted, that the Governor is hereby 
authorised, to apply to Congress for a donation of, or a pre- 
emption to four sections of land on which to locate the Seat 
of Government of the Terr[i]t[or]y of Iowa, and also to 
draw from the Treasury of the United States the sum of 
Twenty thousand Dollars, appropriated by Congress to be 
expended in the erection of public buildings, and also such 

' Autograph signature. — Editor. 



23(:) Executive Journal of Iowa [1S40 

other sums of money as may liereaftev be apjn'opriated for 
like purpose, and the said Governor, is hereby required to 
pay the same, to the acting Commissioner after he shall have 
given bond, as required in the second section of this act." 

Memorial — 

To the Honorable the Senate, and House of Representa- 
tives, of the United States of America, in Congress assem- 
bled. 

The imder signed memorialist, in behalf of the Territory 
of Iowa, and in eompliance with the provision of the 4"^ 
section of the Act of the Legislative assembly, as above 
stated, — rei^pectfulJ ij sherveth That the Commissioner ap- 
pointed under the authority of the Legislative assembly, to 
locate the Seat of Gov[ern]m[e]ut, for the Territory of 
Iowa, did select Section number ten, (10) in Township 
nu[m]])[e]r Seventy nine (79) in Range nu[m]b[e]r six, 
(G) west of the fiftli principle Meridian, and that they caused 
the said section, of land, to be laid out, into a city plat, by 
the name of Iowa <_ 'iti/ — That a number of lots, in said City, 
have been sold under the authority of said Commissioners, 
to Individuals, and that contracts have been entered into, 
for the erection of public buildings in the said City, as the 
Seat of Gov[ern]ment of the TeiTito[r]y of lo-wa. 

Your memorialist therefore resj^ectfully pra}"s — that your 
Houorab[le] body, would grant to the Territory of Iowa, a 
right in fee simple to the section of laud, on which the Seat 
of Gov[ern]m[e]nt, is located as aforesaid. And also that 
your II<:»norabl[e] body, would grant unto the said Terri- 



1840] Governor Robert Lucas 237 

tory of Iowa, three additional coutigious sections of land, to 
be selected by tbe commissioners of public buildings, to be 
disposed of under the authority of the Legislative assembly 
and the avails applied, to the support of Common Schools, 
or to the erection of public buildings, as the Legislative 
assembly may by law direct. 

And your memorialist, in behalf, of the Territory of Iowa, 
and in discharge of the duty enjoined on him, by the Legis- 
lative act aforesaid, will ever pray — (fee — 

Robert Lucas ^ 
Governor of the Territ[or]y of Iowa 

Executive Departm [e] nt Iowa Terr[i]t[or]y 
Burlington January 29"^ 1840. 
Sir 

I herewith enclose to you, a memorial of the Legisla- 
tive Assembly, praying for the passage of a law, to author- 
ise the sale of the coutigious sections, to the Seat of Gov- 
ernm[en]t, at Iowa City — Also a Memorial of the Governor 
of the Territory, forwarded in comjjliance with the requisi- 
tion, of the act, of the Legislative Assembly, solisiting of 
Congress, a donation of four sections of land, on which to 
locate the Seat of Gov[e]rnm[en]t — You will perceive 
that I have prefaced, the memorial with an extract, of the 
law, containing the section, that made it my duty, to make 
such an application. 

A memorial in compliance with that section of the law, 
was forwarded to Congress at their last session, but it was at 



Autograph signature. — Editor. 



238 Executive Journal of Iowa [1S40 

too late a period t(_) receive their action — I have therefore 
considered it my duty, to forward to your care a memorial 
to the present Congress, witli a request, that you will pre- 
sent the same, and use your best exertions, to obtain for the 
Territory, the grant of laud specified in said Legislative 
Act. — The restrictions, to the grant, made in the act, of 
last session, are such as to embarres the improv[e]m[en]ts 
at the City — If the contigious sections, are reserved, from 
sale, as special Congressional reserves, which will be the 
case, if the Section granted is accepted under that act — If 
the Tei'ritory could oljtain a gi'ant in fee simple, to four 
sections, with authority, to dispose of them, in such manner 
as the Legislative assembly might direct, they Avould of 
course, be sold out in small tracts, and in a short time, 
would be brought under cultivation, which would add much 
to the prosperity of the City — 

The foregoing suggestions, ar[e] respectfully submitted, 
to your consideration — 

V[e]ry respectful[l]y 
Hon. I am sin, your 

W^i W. CHAPMA^- obt Servt 

Delegate in Congress Kobert Lucas ^ 



Autograph signature. — Editor. 



1840] Governor Robert Lucas 239 

^Recorded by Goro-nor JLucas] 

Esecutiv[e] Departm[en]t Iowa TeiT[i]t[or]y 
Burliugton February 3"^ 1840. 
Sir, 

In compliance with the re(|iiest of the Legislative As- 
sembly, I have the honor to transmit to you, the enclosed 
memorial and Resolutions of the Legislative Assembly, 
passed at the late session (being Eight in number) These 
memorials, and Resolutions, now transmitted to you, include 
all, that were passed, at the late session, that have not been 
heretofore transmitted. 

Vy re[s]pectful[l]y 
Hon Yo[n]r obt Svt 

W" W. Chapman Robert Lucas ^ 

Delegate in Cono-ress 



[Hecorded by Govcruor Lucaii] 

Executive Department, Iowa Territ[or]y 

Burlington February U'*" 1840. 
Sir, 

I received by last mail, your communication of the 7'" 
ultima, requ[e] sting the transmission, for the use of the 
Congressional Library, all reports, and documents, in my 
possession relativ[e] to the Geoligy, and Minerology, of 
this Terr[i]tory— 

In reply to your request, I will state, that I have no re- 
ports, or docum[e]nt in my possession, on those subjects — 

1 Autograph signature. — Editok. 



240 Executive Journal of Iowa [1840 

A report of the Geological Survey of the northern ])art of 
this Terr[i]tory, made last fall, by Professors Anrn and 
Loch [^] has not been made to this Departm[eu]t — The 
report will doubtless, be made to the proper Departm[e]nt 
at Washington City, — and will contain much important 
information — 

AMtli sin. respect 
I am sin your very oljt Servt 
Ho[n] AsBURY Dickens Robekt Lucas' 

Secretary of the Senate U. S. 



^Recorded by Governor Lucas^ 

Executive Departm[en]t Iowa Territory 

Burlington March 21*' 1S40. 

Sir, 

I have the honor to transniit herewith, a Copy of An 
Act of the Legislative assembly of the Terr[i]tory of Iowa, 
Entitled "An Act, to locate the Seat of Government of the 
Terr[i]t[or]y of Iowa, and for other purposes," Also "An 
Act, supplementary to An Act, to locate the seat of Gov- 
ernm[en]t of the TeiT[i]t[or]y of Iowa and for other pur- 
poses" Approved January SP*^ 1839. Together with an 
estimate, of the Commissioners appointed in said Act, to 
locate the Seat of Government in the Territory of Iowa, 
and to superintend the public buildings within the same. 
Dated the 16"^ instant. Estimating the several sums, re- 
rpiired for materials and labour for sixty days next ensuing 



Autograph signature. — Editor. 



1840] Governor Robert Lucas 241 

the date of said estimate — amounting to the sum of Four- 
teen thousand, six hundred, and forty Dollars, (14,640). I 
therefore in compliance, with the request of said commis- 
sioners respectfully solisite, that you would cause a check to 
be issued on the state bank of Missouri, or on the Receiver 
of public Monies at this place, in the name of Chauncey 
Swan, the Acting Commissioner, of Public buildings, at the 
Seat of Governm[en]t in the Territory of Iowa; to be paid,, 
out of appropriation made by Congress; of Twenty thousand 
Dollars, as specified in the 13th section, of the Act Entitled 
"An Act, to Divide the Territory of Wisconsin, and to- 
establish the Tenitorial Govern [men] t of Iowa," approved 
June 12'" 1838, to be applied to defray the expenses, of 
erecting Public buildings at the Seat of Governm[en]t — 
By a reference to the 4'*" section, of the supplementary act^ 
of the Territorial Legislature, a copy of which is herewith 
transmitted; you will perceive, that it is made the duty of 
the Governor, of the Temtory, to draw on the Treasury of 
the United States, for said appropriation. My letter to you 
of the 29"' of April, 1839, will explain the reason, why the 
appropriation above refer [r]ed to, and that made in the act 
of the Y"" of July 1838 — have been drawn for under differ- 
ent Legislative acts — 

Very respectful [l]y 
Hon. I am you[r] obt Svt 

Levi Woodburt, Robert Lucas ^ 

Se[c]retary of the Treasury; 
U. S. Washington City. 

1 Autograph signature. — Editor. 



242 Executive Journal of Iowa [1840 

[liccordtJ hij Governor Ijtn:o!i\ 

Executive Departm[en]t Iowa TeiT[i]t[or]y 
Burlington May 4"^ 1840 
Sir, 

The 11"^ section, of the Act, to provide for the appoint- 
ment, and duties, of auditor of puljlic accounts, and regu- 
lating the duties of Territorial Treasurer," approved Janu- 
ary 7"" 1840, declares that the Treasurer shall whenever 
'directed by the Governor, give an additional Ijond, with 
two or more securities, to be approved by the Governor, in 
any amount not exceeding fifty thousand Dollars condi- 
tioned, (as specified in said section) Under the regulation 
■of the Treasury Departm[e]nt of the U. S. the sum of 
Twenty thousand Dollars, appropriated Ijy Congress, for 
the purpose of erecting public buildings at the Seat of Gov- 
[ern]ment, will pass through your hands, as Territorial 
Treasurer — I therefore in compliance with the duty, en- 
joined upon me, have to request that you give bond, as 
required in the section aljove referred to, in the sum <if 
forty thousand Dollars. 

Your early attention to the foregoing — is respectfully 
re(|uired by your fi'iend, 



and vy Hmbl Svt 

Robert Lucas ^ 



Thornton Batless Esq 

Treasurer of Iowa Temtory 



Autograph Sigiu^ture. — Editor. 



1840] Governor Robert Lucas 243 

\^Iiecorded hy Governor Lucas\ 

Executive Department Iowa TeiT[i]tory 

Burlington April 7*" 1840. 
Sir 

I received your letter of the 4"" instant by Captain 
Smith of the steam boat Brazil — I regret exti-emely to 
hear of the transactions in Jackson County, detailed in your 
letter — It reflects a disgrace upon our Temtory: and I 
trust that the persons who may be found guilty of so great 
a violation of the laws of tlie territory may ultimately 
receive the punishment the law prescribes — but this is a 
subject that is entirely under the Controle of the Judicial 
Branch of the governm[e]nt. The laws gives the judiciary 
the power, to, enforce obedience to its mandates by fines 
and penalties. The Executive branch has no such power — 
The Executi[v]e may issue his Proclamation but he has no 
power to enforce it. He has neither, funds, men, arms, or 
am[m]unition, under his controle. The law vests, the Civil 
Ministerial officers with the power of the County, and the 
judiciary is vested with power to impose fines and penalties 
for disobedience to their commands. 

However desirous I may be, to check such outragious 
proceedings — yet I see no way, in which an Executive inter- 
ference, could be of any benefit. 

The duty is devolved upon you as the District Prosecutor, 
to bring the subject before the proper judicial tribunal, for 
investigation, which I trust will be promptly and efficiently 
done. 

The account of this disgraceful affair, as published in the 



244 Executive Journal of Iowa [1840 

loiva Territorial Gazette of the ■i"' inst differs materially 
from the one given in your letter. 

How far these accounts may be correct I do not pretend 
to decide but one thing is certain, (that is) that a most dis- 
graceful outrage, has been committed upi:)n the laws of the 
country, by some body and it becomes your duty, as the 
legitimate prosecuting officer to have the subject, impaitially 
and vigilently investigated — and to cause the guilty per- 
sons, who ever they may be, to be prosecuted and brought 
to Justice — This should be done, without prejudice, or 
favour, to any one, but with a single Eye to the maintenance 
of the supremacy of the laws. 

With sincer[e] r[e]sp[ec]ts I am 
J. V. Beert Esq!' Your obt Sert 

District Prosecutor of Robert Lucas ^ 

The S-^ Judicial District. 
Du Butjue 



\_Recorded bi/ Gonernor X?a'«.s] 

Ex[e]cutive Depart [me] nt Iowa Tery 
Burlington June 1'2"^ 1840. 
Sir, 

I respectful [l]y solisite, that you would cause to be 
transmit [t]ed to me, as soon as conveni[en]t, a check on the 
Receiver of Public mon[i]es at this place, for the sum of 
three hundred and fifty Dollars, being the amount, appro- 



Autograph signature. — Editor. 



1840] Governor Robert Lucas 245 

priated to be expended by the Governor; to defray tlie cou- 
ting[e]nt expenses of the Temto[r]y for the year 1840. 
Vy respeetfu[ll]y you[r] 
obt Svt 
Hon Levi Woodbury Robert Lucas ^ 

Secret [a] ry of the Treas[u]ry U S 
Washington City 



\Iieco7-ded by Governor Lh 



Executive Department, Iowa TeiT[i]t[or]y, 
Burlington, June li'" 1840. 
The Hon Levi Woodburt, 

Secreta[r]y of the Treasury U. S. 
Sir, 

I herewith transmit our estimate duly made 
and approved by the Commissioner of Public buildings, at 
the seat of government, in this Tenitory, for the sum of 
five thousand three hundred and sixty Dollars ($5,360) 
being the balance of the appropriation of $20,000 — made 
in the 13"* section of the Act of Congress, approved June 
12"^ 1838: Entit[l]ed "-An Act to divide the Territonj of 
Wisconsin and to estahlish the Territorial Govern\^men'\t of 
loxoa^'' for which sum you are respectfully solisited to draw 
a check or waiTant to be drawn on the Receiver of Public 
monies, at this place, and transmit the same to me, as soon 
as conveni[en]t. 

1 Autograph signature. — Editor. 



246 Executive Journal of Iowa [1840 

I also transmit to the r)epai'tni[eu]t, a Receipt given by 
the Treasurer of the Territory, on my endorsing to him, 
the cheek for $14,640, that was transmitted to me on the 
the 14"' of April last. This sum has been subsequently 
paid by the Treasurer, on the proper vouchers, presented to 
him by the Commission [er] of Public buildings. 
Vy respectful [l]y 

I am your obt Svt 

Robert Lucas^ 



[liecorded hy Oortrnor Lucas\ 
Message at Special Session 

To the Honorable the Council, and House of Representa- 
tives, of the Legislative Assembly. 
Gentlemen 

Having convened in pursuance of a Spe- 
cial Legislative Act, of the 1.5"^ of January last, I conceive 
it to l^e my duty, to lay before you, such information and to 
suggest for your consideration such subjects as may lie re- 
quired by the public interests, to occupy your atteutiou dur- 
ing your session. 

By the .">"' section of "An Act, to provide for the erection 
of a Penitentiary, establish and I'egulate prison discipline for 
the same" — Approved January 2.3'.'' lS3y — it was made the 
duty of the Governor to drau- from the Treasury of the 
United States, the sum of Twenty thousand Dollars, appro - 



Autograph signature. — EnnoK. 



1840] Governor Robert Lucas 247 

priated for the erection of public buildings in the Territory 
of Iowa, by an act of Congress, approved July T'"^ 1838, and 
to i^ay the same over to the Superintendent, to be used by 
him for the purchase of material and pay of workmen and 
labour necessary to erect said buildings. 

The whole of this appropriation has been drawn for on 
estimates furnished by the Superintendent, approved by the 
Director: — and I presume it has been judiciously expended 
by them. I have not been offic[i]ally informed as to the 
condition of the work, or the situation of the convicts that 
have been sentenced to the Penitentiary: — but presume that 
the Directors will lay the whole facts specifically before 
you during your session: — which in all probability will re- 
qu[i]r[e] some immediate legislative action, I therefore 
resj^ectfully invite your attention to this subject. 

By the -i^^ section of the "Act Supplementary to an act, 
to locate the seat of governm[en]t of the Territory of Iowa, 
and for other purposes," approved -1 January 1839, it was 
made the duty of the Governor, to draw from the Treasury 
of the United States, the sum of Twenty thousand Dollars, 
appropriated by Congress in the 13"^ section of the Organic 
law, approved June li?"^ 1838 — to be applied by the Gov- 
ernor, and Legislative Assembly, to defray the expenses, of 
erecting public buildings at the seat of governm[e]nt. 

On an estimate furnished by the Commissioner of public 
buildings, dated ]\Iarch IH"" 1840, a requisition was made on 
the Treasury of the United States, for the sum of fourteen 
thousand, six hundred, and forty Dollars, which sum was 
received in a draft, on the Receiver of public monies at this 



24S Executive Journal of Iowa [1840 

place; made payable to my order. On the receipt of this 
draft, I endorsed it, to TJiornton Bat/less, the Treasurer of 
the Territory; who drew the money from the Receiver, and 
paid it over to the acting Commission [e]r of. public build- 
ings, on proper voucher produced by him. 

On the 8"" of June last an estimate was forwarded to me, 
by the Commissioner, for the sum of five thousand three 
hundred and sixty Dollars, being the ballence of the appro- 
priation of twenty thousand Dollars. This estimate was 
immediately forwarded to the Secret [a] ry of the Treasury 
of the United States, with a requisition for a draft, on the 
State Bank of Missouri, or the Receiver of public moneys at 
this place. The draft on this last recjuisitinu, has not yet 
been received. When received, it will be immediately placed 
in the hands of the Treasurer of the Territory, to be paid 
over, to the acting Commissioner of public l)uildings, on the 
production of proper vouchers by him. Thus the whole of 
the funds appropriated by Congress, for the erection of pub- 
lic buildings in this Territory, amounting to Forty thousand 
Dollars, have been drawn for. 

The appropriation of Twenty thousami Dollars that has 
been applied, to the erection of public buildings, at the seat 
of government, with the aid of the funds, that may be 
obtained from the sale of lots in the City of Iowa, if judi- 
ciously managed will in my opinion be amply sufficient to 
complete the public buildings in accordance with the plan 
adopted by the Commission [ers] — and leave a surplus, to 
be applied to other puldic improvements — 

But to avail ourselves of all the advantages to be derived 



1840] Governor Robert Lucas 249 

from the sale of lots in the City plat, it a^jpears to me, that 
the laws that relate to the sale of said lots should be revised. 
I therefore, respectfully suggest to the consideration of the 
Legislative Assembly, the passage of a law, fixing an aver- 
age miuumum price upon the lots say from two to three 
hundred Dollars per lot — and to authorize the Commissioners 
to apportion the aggregate sum of the whole number of lots 
by fixing upon each lot a specified price — grading the sums, 
in proportion to the relative, and real value, of each individ- 
ual lot, so as not to reduce the aggregate sum of the whole 
below the aggregate minimum price fixed in the law. After 
having the lots thus valued, I would suggest the propriety 
of authorising a public sale when there might be a fair com- 
petition among purchasers, — and after such sale to authorise 
the acting Commissioner to sell at private sale under proper 
regulations all lots at the fixed price that might not have 
been sold at the public sale. This method would in my 
opinion, be an accommodation to individuals who might 
wish to procure lots for improvement. — It would guard 
against individual speculation; and secure to the Tenitory 
all the benefit resulting from the public expenditures in the 
City. 

I would also respectfully suggest, to the consideration of 
the Legislative Assembly, a revision of the laws, that relate 
to the execution of title deeds, to lots, in Iowa City. It 
seems to me, the more convenient method would be to re- 
quire the certificate of final payment signed [by] the Acting- 
Commissioner, to be filed in the office of the Secretary of the 
Territory, and that on such certificate being filed, that the 



250 Executive Journal of Iowa [1840 

Secretary of the Territo[r]y, sliould make out a deed, under 
the seal of the Territory, to be signed by the Executive, and 
countersigned by the Secreta[r]y — and that the original cer- 
titicate should be filed in the Secretary's office; and a record 
of all deeds of conveyance kept therein. 

On a visit to Iowa City on the i'*' instant, I was gratified 
to see the extensive iiuprovem[en jts that have been made in 
that place within the last year. The basement story of the 
Capitol, is nearly completed, and in justice to the acting 
Commission [e]r, as well as tlie Grentlemen, wlio performed 
the work, I must say, that so far as the work had pro- 
gressed, it was done, in the most substantial, and workman- 
like manner; but I learn that owing to the difficulty, in pro- 
curing stone of sufficient size, for cut[t]ing, it has been 
thought advisable by the Commissioners, to change the 
plan, first contemplated, of Imildiug the house, of cut stone; 
and have adopted an other plan, that will be less expensive, 
— more expeditious, and of equal utility: the particulars of 
which, Avill be explained to you, in detail, by the Commis- 
sioners, in their report, that will be by them submitted to 
you. 

I perceive by the journals of Congress that a bill was 
reported by the Committee on Territories to the House of 
Representatives early in the session, to enable the people of 
the Territory of Iowa to form a Constitution and state gov- 
ernm[e]nt and for the admission of such state into the Union. 
This bill was reported in connection with a bill extending 
the same privilege to the Citizens of Middle and west Flor- 
ida. I have not yet learned the fate of these bills, but I 



1840] Governor Robert Lucas 251 

presume that they will both pass together, aud probably the 
present session of Congress. I therefore suggest to the 
Legislative Assembly, the expediency of providing by law, 
for taking the sense of the people of this Territory, on the 
subject of a Convention, at the ensuing annual election. It 
appears to me, that there can be no objection, to submitting 
this subject to the people, for consideration, as an expression 
of public opinion thereon, through the ballot box, would 
enable the ensuing Legislative Assembly, to act understand- 
ingly, and in accordance with the expressed wish, of the 
people on this important subject. I regret that I have not 
been able to procure a statement of the number of inhabi- 
tants of the Territory. The Marshal of the U. S. informs 
me, that the returns from the counties, have not all been 
received by him, but they may be expected in a few days. 
x\s far as I have heard we have doubtless doubled our popu- 
lation the last two years, and we have now in the Temtory, 
many more inhabitants than will be contained in the official 
enumeration, which was confined to the first of June — and 
before the necessary ^preliminary measures to prepare the 
way for our admission into the Union, I have no doubt but 
that our population will be sufficiently numerous to justify 
us in claiming a rank among the independent States. 

That harmony may prevail in your deliberations, and all 
your efforts, be directed to the promotion of the public 
good, is the sinsere wish, of your obed[ie]nt 

Servant 

Robert Lucas ^ 
Burlington July IJ:"' 1840. 

1 Autograph signature. — Editok. 



252 Executive Journal of Iowa [1840 

[Recorded hij Governor Lucas] 

Executive Department Iowa Territory 
Burlington July 23''' 1840; 

To the Honorable House of Representatives of the Legis- 
lative Assembly, 
Gentlemen, 

In compliance with your Resolution of this 
date, in the following words '^ jResoh'ei] that the Governor 
he reeiuested, to lay before this House, si/ch papers, as he 
•mail thinl' proper, to assist this House in fo/'aii/uj an opin- 
ion, ill relation to the p}aijnient of tJie annuities, to tlie Sao 
and Fox Indians.'' 

I herewith submit for the information of the House of 
Representatives, a copy of a letter, addressed to me, by the 
late agent of the Sac & Fox Indians, dated August 15"" 
1S39, detailing the statements of several <if the chiefs, as 
made to him, at different periods, after the j^aymeut of the 
last years annuity — Also a copy of a letter, from "William 
Phelps, one of the Agents, of the American Fur Company, 
addressed to the late Agent, dated January 20"^ 1840, and 
one from Jonah Smart, the U. S. interpreter, employed at 
the agency, addressed to the late Agent, dated January 
25"" 1840. These two letters, were addressed to Genl Street, 
on the subject of the payment, of the last annuities, — They 
detail the manner of said payments, and the application of 
the funds — These documents, were transmit[t]ed to me, by 
Genl Street, and were forwarded hj me, to the proper 
Department of Indian aft'airs, at "Washington City — They 



1840] Governor Robert Lucas 253 

will enable the House, to form a correct opinion, relative to 
the subject of enquiry — 

Very respectfully your obt Servt 

ROBEKT LrCAS^ 

N. B. Please return these letters, to this office, after they 
may be journalize [d], in the House — E. L. 



[Recorded by Governor Ziucas\ 

Proclamation. 

By the Governor of Iowa Territory. 



Sale of Lots in Iowa City. 

In pursuance of the provisions of an act, entitled "An 
act, directing the valuation, and sale, of lots in Iowa City, 
and to provide for executing deeds for the same." Ap- 
proved, the 24"^ of July A D 1840. I Robert Lucas Gov- 
ernor of the Territory of Iowa do hereby declare and make 
known that a public sale will be held at Iowa City in the 
county of Johnson in this Territory, to commenc[e] on Mon- 
day, the 31^' day of August 1840, for the sale of lots, in 
said city, which sale will be held, under the direction of the 
Acting Commission [e]r of Public Buildings, and will be 
continued, from day, to day, until the whole of the lots, in 
said city, shall have been offered for sale. In pursuance of 
the provisions of the aforesaid act, the lots will all be val- 
ued, previous to the sale; and no lot, will be sold, for a less 

• Autograph signature. — Editor. 



254 Executive Journal of lo^va [1S40 

Slim, than the vakie jJaced uprm each, h)t — • After the eh:)se 
of the Public sale as aforesaid, an office will Ije opened, in 
the City of I<:)wa, })y the Acting Commissioner of Public 
Buildings, when all lots, in said City, that may not have 
been sold, at public sale, can be purchased, at private sale, 
at the minimum price, placed upon them respectively, by 
any person, or persons, applying for the same. All the 
particulars relating to the conditions of sale, will be made 
known, by the acting commission [e]r, at the commencement 
of the Public sale — 

In testimony whereof I have her [e] unto set, 
my name, and caused the Great Seal, of the 
L. S. Territory to be her [e] unto affixed — Done in 

the City of Burlington, in the Territory of 
Iowa, this Twenty fourth, day of July, in the year of our 
Lord, one thousand eight hundred and forty, of the Inde- 
pendence of the U. S. the 65, and of the tirganization of 
this Terr[i]tory the third. 

RoBP^KT Lucas ^ 
By the Govnr, James Clarke Secr[e]t[ar]y of Trrty. 



[Jiecordi'd by (iuvernor Lucas\ 

Message of the Governor 
Gentlemen of the Council, and 

House of Representatives: 
I conceive it to be my first duty, on our present meeting, to 
direct your attention, to the Providential favours; which 

^ Autograph signature. — Editor. 



1840] Governor Robert Lucas 255 

our common country has experienced, in the degree of 
health, dispensed towards its citizens; and the unusual 
abundance with which the soil, has rewarded the labour 
bestowed upon it. — The uni^aralleled improvem[en]ts, in 
our Temtory, present an unemng index, to the prosperity 
and happiness of the people, which should excite within 
our breasts, feelings of the most profound gratitude; toward 
the author of those favours, and the gracious dispenser of 
all good. 

The excitement produced by the intrusions upon the 
rights of the citizens of Iowa; by the authoriti[e]s of Mis- 
souri, near the boundary line, has subsided. — The prose- 
cution commenced under the laws of the Territory, against 
a sheriff of Missouri, has been dismissed, and no further 
attempts have been made, by the authoriti[e]s of that state, 
to exercise Jurisdiction north of Sullivan's line. — The 
committee of Congress, in the House of Representatives, at 
the last session, after an elaborate examination of the sub- 
ject, were of opinion, that the legitimate boundary line, as 
defined in the original act of Congress, and in the Constitu- 
tion of the State of Missouri, would begin at the center of 
the Des Moines rapids, in the Mississippi river, and run 
from thence, on a parallel of latitude, due west, which would 
be several miles south of the line, contended for by the 
authorities of this Territory. The committee at the same 
time, this opinion was expressed, recommended the adop- 
tion of the line, commonly known, as the Old Indian bound- 
ary, or Sullivans line; and reported to the House of Repre- 
sentatives in Congress, a bill to establish this, as the per- 



256 Executive Journal of Iowa [is-to 

niaueut boundary line, of the State of ^Missouri, and tlie 
Territory of Iowa. — This report, appeared to be founded 
on equity. — this line has been generally coneeeded, as the 
boundary between Missouri, and this Territory — It has 
divided the Surveyors General Districts, and the land Dis- 
tricts of the United States lands — The citizens who pur- 
chased land south of this line, did so with the impression 
that they were purchasing in the state of Missouri: and 
those who purchased north of it, with the belief, that they 
were purchasing in the Territory of Iowa. The purcha[s]ers 
of these lands, were governed in their purchases, liy their 
locations. — Some preferred being in Missouri: and others 
in the Terr[i]tory. — Were this line now altered, it would 
be attended with great incouvenien[ce] to many citizens, on 
both sides of it. — • We therefore trust, that the bill as 
reported, will be passed by Congress, at the ensuing session: 
and that the line thus designated, may be finally established, 
as the boundary, between the state of Missouri; and this 
Territory. — Th(_^ugh a strictly legal line, might embrace 
within this Territory; a small ])ortion, of the inhabitants, 
south of this line, yet we never had a desire, to embrace 
within the limits of this Terr[i]tory, any tract of country that 
had been ])urchased by individuals at the land office, in 
Missouri, and settled upon by them, as being within that 
state — and I trust, that the same liberal feelings, will be 
reciprocated, by the inha1;)itants of Missouri, towards our 
citizens. 

At the special session of the legislative assembly, a 
memorial was passed, memorializing the President of the 



1840] Governor Robert Lucas 257 

United States: to cause the annuities, due tlie Sac, and Fox, 
Indians, to be paid to tlie heads of families, or to such per- 
sons, as the majority of the nation, might request. — The 
memorial was immediately transmit [t]ed to Washington; but 
previous to its arrival an order had issued from the Indian 
Department; dated 18''' of August 1840: directing the 
annuity for the present year, to be paid to the chiefs, as 
heretofore. — On the 28"" of September, the Indians were 
assembled at the Agency, for payment, — They aiTayed 
themselves into two parti [e]s. — One party wanted the 
money distributed on principles of justice, and equity, among 
the different bands, and to the heads of families. — The 
other party contended for its paym[en]t, to a few of the 
chiefs, to be distributed by them alone. — I was present on 
the occasion, and addressed both parties. — I advised them, 
to compromise the difference, among themselves — read and 
explained, to them, the Treaties, as well as the intercourse 
law, of the United States, and the regulations of the Indian 
Departm[en]t. I also explained to them, the order of the 
Indian departm[en]t, of the 18"" of August; and informed 
them, that according to my understanding of the order, the 
money must be paid, to the same chiefs, and braves, that 
i-eceived it last year. — I had the names of the chiefs, and 
braves read to them, and advised them to meet in friendly 
Council by themselves, without the interference of any white 
men; and to decide among themselves, as to the receipt and 
distribution of the money — and told them, that when they 
had agreed among themselves, the money would be paid 
them. — The council adjourned in the evening — and the 



258 Executive Journal of Iowa [1840 

chiefs, and braves, who received the money last year were 
expected to have met, in friendly council, next morning, to 
arrange their difficulties, and receive their money. — But 
some arrang[eme]nt appear[s] to have been made, at the 
agency, during the night, unknown to me, that frustrated 
the council, to Ije held on the morning of the 29"' and Keo- 
kuck, through the Agent, had advised Major Pilcher, to 
leave the Indian Country, with the money, which he did 
that morning. — This removal of the money from the 
Indian Country, caused great excitement and dissatisfaction 
among the Indians. — When Major Pilcher left the Agency; 
he informed me, that the funds being in paper, could be 
changed for specie, and might be returned for payment, in 
about three weeks thereafter — I informed the Indians, of 
what Major Pilcher had told me, which appear [e]d for the 
time present, to reconcile them — But I have learned since 
my return from the Indian country, that some mischievous 
individuals, have been impressing upon the minds of the 
Indians, the belief, that the annuity will not be paid until 
Spring. — This was calculated to dissatisfy them with the 
Gov[ern]m[e]nt; lead to difficulties, among themselves, and 
endanger the peace of our borders. — I therefore with a 
view, to check these evils, issued a peremptory order, to the 
Agent of the 16"^ of October, directing him, to obtain the 
funds, that had been set apart, for the payment of the 
annuity for 1S40, and to pay it to the same chiefs, and 
braves, whose names were found, to the receipt roll, of last 
year. — This I conceived to be in strict, accordance, with 
the order of the Departm[enjt. — Those chiefs, and braves, 



1840] Governor Robert Lucas 259 

number about thirty, and are distributed, about equal, among 
the different parties; and should the money be paid to them, 
in accordance with my order, to the Agent, and they be left 
to dispose of it, among th[e]mselv[e]s without the inter- 
feren[ce] of any of the traders, I have little doubt, but that it 
will be distributed, among the different bands, justly, and be 
paid as far as it will go, towards the liquidation, of the[i]r 
Just debts; — But should the paym[en]t, from any considera- 
tion, be much longer delayed, there is danger, that the excite- 
m[en]t produced by its postponement, will burst beyond 
the bound of restraint, and the Indians commence fighting, 
among themselves; and thereby endanger the peace of our 
frontier. — • 

I have conceived it to be my duty, to present the forego- 
ing facts, for the information of the Legislative Assembly. 
It is certainly our duty, to look to these things, to be watch- 
ful of their operation; and of the movements of the Indians, 
so that we may not be taken by surprise. And while we 
make use of all the means, under our controle, to sustain 
peace, and harmony, among our Indian neighbors, as well 
as between them, and our citizens, we should be prepared, 
to meet any possible contingency, that might endanger, the 
peace of our frontier. — I have in my report to the Indian 
Department, given a detailed, account, of the situation of 
the Indians, with a full explanation, of my \'iews, as to the 
cause and probable issue, that may be produced by the 
excitement, that now exists among them. 

The situation of this nation, in connection with the Win- 
[n] ebagoes, who have recently been removed to the tract of 



260 Executive Journal of Iowa [1840 

couutry within this Tenitory, km;)wii as the Neutral Ground, 
bordering in part, on our northern settlements, and partly 
on the Sac and Fox couutry; should admonish us, to be on 
our guard, and to depend upon oui'selves, for defense, in case 
hostilities should be commenced by them — In considera- 
of this state of things, I would respectfully suggest to the 
Legislative Assembly; the expediency, of authorizing by 
law, the organization of a number of mounted Volunteer 
Itiilemeu, say, one company, at least to every regiment, of 
militia, within the Territory, with authority for the Com- 
mandant of any Brigade, to increase the number, to a battal- 
ion, within his Brigade, and to provide, for calling them, 
into service, in case of Indian depredations; or threatened 
invasion. This precautionary measure, can do no harm, and 
may ultimately, secure our frontier from an Indian War. 

The Secretary of War, informed me, some time since, 
that the Department had determined, to establish a depot, 
of public arms, and munitions of war, at Rocl: IslamI, to be 
supplied, to the citizens of the Territory, under proper regu- 
lations; should the same be wanted, to enable them, to 
defend themselves against Indian hostilities; but I have not 
yet, heard, that any have been depos[i]ted, at that place, — 
neither have I been informed, when there will be any. 

The votes given, at the late gen[e]ral election, for and 
against a State Convention, were against a Convention by a 
large majority; — The sentiments of the people of the Ter- 
ritory, thus indicated, will nec[e]ssarily preclude, all further 
legislation, on the subject, at the present session. — The 
people have by their votes, expressed their preference for a 



1840] Governor Robert Lucas 261 

Temtorial Governm[eu]t, for the time beiag. — It will 
therefore, become your clut)^, to adopt a regular financial 
system, for the Territory; by which, the Tenitory will be 
enabled, to controle funds, sufficient to meet the necessary 
expences, incidental to Temtorial affair's. I would therefore, 
recommend to the consideration of the legislative assembly, 
a revision of the financial laws, so as to provide a revenue 
sufficient, in amount, to meet the actual wants, of the gov- 
ernment, distributing the burthen, and the benefits, among 
every class of commu[ni]ty, ujDon principles, of exact, jus- 
tice, to all, — The Auditor of the Territory, will report to 
you, his views on this subject, to which, I solisite your 
respectful attention. 

On an estimate forwarded, to the Treasury Departm[en]t, 
of the United Stat[e]s, by the Executive of the Territory, 
estimating the expenses, for the year 1840, there has been 
appropriated, for the pay, and mileage, of members of the 
present legislative assembly, for the pay, of offic[e]rs, for 
printing, furniture, stationery, fuel, and all other incidental 
expenses, the sum of $27,050. This sum, is deemed suf- 
ficient, to meet all necessary expenses. — I would there- 
fore, recommend to the consideration of the Legislative 
Assembly, the propriety, of confining the expenditures, 
authorized by them, within the appropriation. — The Sec- 
retary of the Terr[i]tory, informs me that there is upwards, 
of Six thousand Dollars, due to individuals, for furniture, 
stationery, and services, rendered to the Legislative assem- 
bly, at the two first sessions; and for which, no funds, have 
been provided, for payment. — This deficiency, I reported 



262 Executive Journal of Iowa [1840 

to the Treasury Departm[eu]t, with my estimate, for the 
expenses of the year 1840, and solisited an appropriation, 
to meet it. 

This method, of contracting debts, with individuals, be- 
yond the means of payment, is practising a deception, upon 
the public creditors, and ought in my opinion, to be care- 
fully avoided. 

By reference to the appropriation bills, it appears that 
there were allowed to clerks, and offic[e]rs, of the legisla- 
tive assembly, at the two first sessions, the following sums, 
to wit; first session, to the clerks, and offic[e]rs, of the 
Council, $2,850 and to the clerks, and officers, of the House 
of Representatives, $3,300; Second Session, to the clerks, 
and officers, of the Council $3,525, and to the clerks, and 
officers, of the House of Representativ[e]s, $2,925. These 
aggregate sums, were embraced, in the appropriation bills, 
but there is no law, in existence, in the Territory, that de- 
fines the officers, to whom this money was paid, or the com- 
pensation, allowed to any such officers. Until such law 
shall be passed, establishing the number, of officers, and 
fixing their compensation, it will be impossible, for the 
Executive, to comply with the annual, requisition of the 
Secretary of the Treasury Departm[en]t, of the U. S., in 
furnishing him, with a corre[c]t estimate, of the sum neces- 
sary, to defray the current annual expenses of the Legisla- 
tive Assembly of the Territory. The States generally de- 
fine by law, the number of clerks, and offic[e]rs employed 
in each branch, of the Legislat[iv]e Assembly — By the 
laws of Ohio, the number of clerks, and offic[e]rs to each 



1840] Governor Robert Lucas 263 

branch, and the compensation, of each, are specifically 
defined. According to the laws of that State, the compensa- 
tion, of the clerks, and offic[e]r8, of both branches, of the 
legislative assembly, for a session, of Seventy-five Days, 
would amount to $1,200. In this Territory, at the first 
session, it amo[u]nted to 16,150, and at the second to 16,450. 
These statements are submit [t]ed, to the candid considera- 
tion of the Legislative Assembly, with a request, that a law 
may be passed, to provide for organizing the legislative 
assembly, defining the number of offic[e]rs, to be employed, 
together with the compensation, allowed to each. 

In recommending this measure, I disclaim any desire on 
the part of the Executive, to prescribe to the legislature, 
the u[u]mber, or character, of ofiic[e]rs, to be employed in 
their respective branches; or the compensation, to be allowed 
to such offic[e]rs; The Legislatu [re] is the proper judge, in 
these things; and it is but fair to presume, that it will em- 
ploy none, but such as are necessary, to the conveni[en]t 
dispatch of business, and that a compensation adequate, to 
the services of such oflic[e]rs, will be allowed to them 
respectively. 

I am not aware, that any important general subject, will 
be presented for legislative action. Your predecessors, have 
passed laws, embracing all general subjects, — Tlieir re- 
c[e]nt enactments, would seem to require, their continuance 
in force, excepting in cases, where they may have been 
found, defective. Frequent changes, of general laws, are 
always attended with inconvenience to the public, and 
should be altered only with great caution. 



264 Executive Journal of Iowa [1840 

Should any subject, re(|uiriug tlie attention of the legis- 
lative assembly, be commun[ica]ted to the Executive, dur- 
ing your session, it shall be promptly laid before you; and 
you may rest assured, of the co-operation of the Executive, 
in all measures, that may be calculated, to secure the pros- 
perity of our country, and to advance the physical, intel- 
lectual, and moral condition of its inhabitants. 

That your efforts, may harmonize, in promoting the pub- 
lic good, is the sincere desire of, 

G©ntlem[en]; your very obed[ie]nt Servant 
Burlington Iowa Terr [ijtory 5 Robert Lucas^ 

November 3':' A D. 1840 



\_Recorded hi/ Governor Lucas'\ 

Executive Department Iowa Territory 
Burlington December 8"" 1840. 
To the Honorable the Legislative Council. 
Gentlemen, 

There was a paper left in my office, a few 
days since. Endorsed "His Ex[c]ellencyEobei-t Lucas" but 
wdthout date, which was in the following words and figures. 
— '■'■ Ee.^olved that the Governor he requested to inform tlie 
Council^ whether the coiitingent fund of SS50. Juice been 
appropriated hy Congress as provided for in the Organic 
laiv, and if so, what disposition has been made of said 
appropriationf 

"The above has been adopted by the Council 
B^ F Wallace Secy" 

' Autograph signature. — Editor. 



1840] Governor Robert Lucas 265 

On perusal of this resolutiou, without date, I confess that 
I was at a loss to conjecture, what could have been its 
object as there is no continge[n]t fund refer[r]ed to in the 
Organic law, of that amount, but the one of ^350, which it 
declares, shall be appropriated annually, to be esj^ended by 
the Governor, to defray the contingent expenses, of the Ter- 
ritory; this appro2OTation is under the exclusive controle, of 
the Governor, and for which he is accountable to the proper 
acco[u]nting officer of the Treasury Departm[e]nt of the 
U. S. and no other authority — And Avhile I consider this 
Resolution out of its proper character, I at the same time, 
feel disposed to give to the Council, all the information I 
possess, on the subject of their enquiry — In answer to 
the enquiry "whether the contingent fund of $350. has 
been appropriated by Congress," I will inform the Council, 
that $350 has been appropriated merely as a contingent 
fund, for the Governor, and paid over to him, as such. — • 
In answer to the second eurpiiry, "what dis2:)osition has 
been made of said appropriation" ? I will inform the Coun- 
cil, that it has been expended by the Governor in the man- 
ner jDointed out in the Organic law. The first year, the 
nec[e]ssary contingent expenses, of the Executive, includ- 
ing. Postage, office rent, office furn[i]ture. Books, and sta- 
tion [e]ry, exceeded the appropriation, without j^aying any- 
thing for clerk hire, & a private Secretary — as had been 
usually the case, at the end of the first year, I transmit [t]ed 
my acco[u]nt, to the Secretary of the Treasury, of the U. S., 
and rece[ive]d a reply from him, a copy of which, I here- 
with transmit for the informatio[n] of the Council, by this 



266 Executive Journal of Iowa [1840 

letter, it will be perceiv[e]d, that uo expenditur[e]s, by 
the Governor for contiugencies over $350, per annum, could 
be allowed, and wliat I had nee[e]8sarily expended, over 
that sum the first yeai', had to be paid, out of the appropri- 
ation, for the second year; this was done, and I confin[e]d 
my expenditur[e], the second year accordingly. The ap- 
propr[i]ation of that sum, for the present year, has been for- 
warded to me, a part of it has already been expended, in 
the paym[en]t of Postage and various other, incidental 
expenses, and the ballance, will be expended within the 
year, in strict accordance, with the organic law. In con- 
clusion I will state, that the necessary clerical aid, recpiired 
in the Ex[e]cutive office, if adequately compensated would, 
am[ou]nt to a great part, of this appropriation, but none, 
has yet been applied for that purpose. — The rent of the 
office, occupied by the Executive, previously to opening the 
Library, was paid out of the contingent fund, Ijut finding it 
not sufficient in amount, to pay office rents and other nec[e]s- 
sary conting[e]nt exjjenses; and considering the rooms, I 
have occupied, for the last year, in the Library building, as 
connected with the Library, I have paid no rent, to the pro- 
prietor of the building therefor. If the rent paid, for the 
Library, was not sufficient for the whole building, it would 
certainly be just, that the proprietor, should be paid the 
deficiency — 

By the letter, of the Secretary of the Treasury, herewith 
transmit [t]ed, it will be perceived, that the whole con- 
tingent expense, of the Executive Departm[en]t, of the 
Tenitorial Government including clerks, messengers. Fire- 



1840] Governor Robert Lucas 267 

men, Postage, aud all other iticideutal expenses, of the 
Ex[e]cutive Depa[r]t[me]nt, cannot exceed 1350, per an- 
num, which is but a trifle more, than was paid, last session, by 
the Council, to each of their numerous officers, for services 
r[e]nde[re]d during the session. 

Presuming that the object of the resolution, was to enable 
the Council, to form a correct opinion, as to the difl^erence, 
between the contingent expenses, of the Executive, and 
Legislative Departments of the Territorial Gov[ern]m[e]nt 
— I have been thus explisite, in my answers to the enquir- 
ies — 

which is respectfully 

Submit [t]ed by your 
Hon President, of obt Svt, 

The Council, of Robert Lucas ^ 

the Legislativ[e] Assembly. 



[Recorded by Gorcrnor Luri(s'\ 

Executive Departm[en]t Iowa Terr[i]t[or]y, 
Burlington December 17"^ 1840. 
Sir, 

In comj^liance with the request, of the Legislative 
Assembly, of this Territory, I have the honor, of trans- 
mit[t]ing to your Ex[c]ellency, the enclosed memorial, on 
the subject of the improvement of the navigation of the 
Mississippi river, with a rec[u[e]st, that the same may be sub- 

1 Autograph signature, — Editor. 



268 Executive Journal of Iowa [iS4i 

mitted, to the consideration of the Legislature of the State, 
over which you preside — 

Very respectful [l]y your obt 
Servant 

EOBEKT LrCAS^ 

His Excell[en]cy, 

The Governor, of the State of Missouri. 
His Excell[en]cy, 

The Goveru[or], of the State of Illinois. 
His Excell[e]ucy, 

The Govern[o]r of Wisconsin Terr[i]t[or]y. 
(Copy to each) 



\_Recor(lpd hij Governor Lucas] 

Executive Department Iowa Territory 
Burlington January lo"" 1(S41. 
To the Houorabl[e] the Legislative Council. 
Gentlemen, 

1 hereby nominate, for your advice, and 
consent, the following named Gentlemen, for the respective 
Military oifices annexed to their names, to wit: 

P' Division P' Brigade 

1^' liegmt. Hugh T Bead, Colonel, in place of Wil- 

liam Patterson resigned, 
2"^ Regmt Silas S. Carpenter Lieut Colonel, 

Benonah Faruam Major 

1 Autograph signature. — Editor. 



1841J 



Governor Robert Lucas 



269 



3'^ Res:mt 



1^' Regmt 

4 compy 



r Amos Fuller 
1 Nicholas C Brown 
William Dickman 
Gabriel N Taylor 
Moses Mechan 

2 Brigade 
George Temple 
Benjamin Fonts 
Daniel Strangur 
6 compy. James Westfall 
Jeremiah Roberts 
John WestfaU 
2 Regmt 2'^ comy George Kessler 

George Willeford 
5"^ Regmt 

Jefferson C 
Rifle Comy 



Colonel 

Major 

Capt 

1 Lieut[e]n[an]t 

2 Lint 

Colonel 

1 Lut 

2 Lieut 
Captain 

1. Liut 

2. Liut 
Captain 
1 Lieut 



AVm G Coop Capt 

Miles Dreshell 1 Lut 

Sylvanus Herrington 2 Lieut 

2 Comy William Dorothy Captain 
William Bonnifield 1 Liut 

4 Comy Talbott Savery Captain 

Second Division, first Brigade 

Albert Miller Lea Brigadier General 



1 Regnt — 

Wapello 
Cavalry 
2nd Regnt 



John Rinearson Captain 

v[i]e[e] M Wilson resigned 

John AV Brady Captain ( 

Er Thornton 1 Lut j 

Henry Reed 2 Lut [ 



Mo[u]nted 
Dragoons 



270 



Executive lournal of Iowa 



[18-11 



1 Co Lewis McKee 1 Lut 

William F Dewebber 2^ Liut 

-2 Co. Abram T Banks Captain 

John Ilolliday ] Lut 

Lewis McGrew 2 Lieut 

3 Co Denson Van Hagen Captn 

William A Bagley 1 Lnt 





Samuel Hotchkiss, 


2 Liut 


4 Co 


Samuel Wilson 


Captain 




George Hunt 


P' Lieut 


5 Co 


William Perry 


Captain 




Joshua Hill 


1 Liut 




Andrew Chambers 


2 Liut 


6 Com 


George W Cree 


Captn 




Stephen Nye 


1 Liut 




Elisha Bell 


2 Liut 


3 Eegmt 


Samuel CTrowbridg( 


3 Colonel 




Jesse B Magrew 


Lieut Colonel 




William M Harris 


Major 


4 llegmt 


Thomas Baker 


Colonel 




Hiram A Stone 


Liut Col 




Joseph B Davis 


Major 




Second Brio-ade 




1 liee'mt 


John S Shiller 


Colonel 




William P Eldridge 


Lut Col 




Eben[e]zer Cook 


Major 


2 Eegmt 1 Com, 


Daniel McCrosky 


l^f Lut 




John R. McCurdy 


2 Lut 




3"^^' Division I'*' Brigade 


1 llegmt 


Anson Harrington 


Colonel 



1841] Governor Robert Lucas 271 

John Bending Liut Colonel 

2 Regmt George H Wahvorth Liut Col 

all which is respectful [l]y 
Subm[it]t[e]d by you[r] 
obt Svt 
Robert Lucas ^ 



[Iieco7-ded by Governor Lucas] 

Executive Depai'tm[en]t Iowa Terry, 
Burlington February 2^ 1841. 

Gentlemen, 

In compliance with your request I have exam- 
ined with attention, the Act to Incorporate the city of Bur- 
lington, approved January 19"' 1838. 

The second section of the act, declares that "there shall 
be elected, by the free white citizens of said City, over the 
age of twenty one years, on the first Monday of February, 
on each year, the following named officers, of said city to 
wit; a Mayor, and eight Aldermen, a Marshal, a Recorder, 
Treasurer, and Engineer of the streets — each of ivliome shall 
he comm/ss\jioJned hy the Governor, of the Territory., and 
shall hold their offices, for the term of one year and until 
their successors, sJiall be elected and qualified &c" 

The Eighth Section, after defining the manner in which 
the first Election shall be held, directs, that a fair duplicate 
statement, of the result of the Election, shall be made out, 



1 AvTtograph signature. — Editor. 



272 Executive Journal of Iowa [I84i 

and signed by the said President, and clerk, one of wliich 
Dujilieates, shall without delay, be transmit [t]ed to the 
Governor, under Seal, of the now (then) existing Corpora- 
tion, and the other, shall be by the said President, delivered 
to the Mayor elected at said election, who shall file the same 
in his office. And all elections, thereafter shall be holden, 
in such manner, and at such place, as prescribed by the 
Common Council. 

The foregoing are all the jirovisions, of the City Charter, 
that refers to the Executive. Thei-e appears to be no dis- 
cretionary power, vested in him — The 2 section makes it his 
duty, to commission the officers therein named, and the 8"" 
section, prescribed the manner in which he should be notified 
of the result of the election. 

It therefore becomes my duty, whenever a statement of 
the election, made out, in such manner, as may have been 
prescribed, by the Common Council, and filed in the Execu- 
tive office, — to issue commissions, to the persons named in 
such statement — There being no power vested in the 
Ex[e]cutive to adjudicate thereon. 

Very respectful [l]y your 
obt Sevt 
Messrs, Robert Lucas^ 

A. Bridgman 

H. AV. Moore 

Geo. W. Kelley | Committee of 

Dr. E. Martin | the Tippicano Club 
Burlington, City 



Autograph siguature. — Editoh. 



1841] Governor Robert Lucas 273 

[Hecordecl by Governor Lucas'\ 

Proclamation. 

By the Governor of Iowa Temtory 



Sale of Lots in Iowa City. 



In compliance witli the provisions, of the 10"' section, of 
the Act, entitled ^'■An Act, 'providing for the appointment 
of a Superintendent of puhlic Buildings, at Iowa City, 
and the ap>p>ointment of a Territorial Agent, and for other 
jnioposes.'''' Approved January 14*^ 1841. I Robert Lucas, 
Governor of the Territory of Iowa, do hereby declare, and 
make known, that a public sale, will be held, at Iowa City, 
in the County of Johnson, in this Terr[i]tory, to commence 

On Monday, the 10«' day of May, 1841, 
for the sale of the unsold Lots, in said City, upon the fol- 
lowing terms viz: one third paid down in cash, and the bal- 
ance, in two semi-annual instalm[en]ts Provided, that no 
Lot, shall be sold, for a less sum, than the minimum price, 
fixed thereon, by the Agent and appraisers, appointed under 
the provision [s] of the 9"^ section of said act. 

The sale will be held, under the direction of the Tem- 
torial Agent, and will be continued, from day, to day, 
at his discression, until all the unsold lots, in said City, shall 
have been offered for sale. 

In testimony whereof, I have hereunto set my 
L S name, and caused the Great Seal of the Ter- 



274 Executive Journal of Iowa [is^i 

rit[o]iy, to be lierennto affixed. Done at 
the City of Buiiingtou, iu the Territory of 
Iowa, the 15"^ day of March, A. D. 1841, of the Independ- 
ence of the United States, the (if)*'' and of the organization 
of this Territory the third — Robert Lucas ^ 

Ey the Govern [or], 

(Signed) Jamks Clark[e] Secreta[r]y of Terr[i]to[r]y 



[Recorded by Governor Lucas] 

Executive De2iartm[e]nt Iowa Terr[i]t[or]y. 
Burlington April i^-^ 18-41. 
Sir, 

I lately received a letter from (leneral Albert Miller 
Lea, dated, the o"" ultima, in A^hieh he informed me, that 
M'' Nicollet, was anxious to get a copy, of Jndsons Map, of 
Wisconsin and lowu^ made for the Legislative Assem- 
bly, and solisited me, to to forward a copy, if I could 
spare one, to Col J. J. Albert, Topogra! Bureau, Washing- 
ton City; for M'' J. X. XicoUet. In compliance with the 
request, of General Lea, I herewith transmit to your care, 
for M' J. N. Nicollet, the original manuscript map, of "Wis- 
consin, and Iowa, as dra^vn by M'' Judson, for the Legisla- 
tiv[e] Assembly, and from which the published map was 
taken. These maps were ordered to be published, befoi'e 
the C)rgauization of Iowa Territory, and the Legislatu[re] 



Autograph signature. — Editor. 



1841] Governor Robert Lucas 275 

of Wisconsin, claimed the whole of the printed copies — 
The manuscript map, I herewith transmit, I 2:)urchased from 
the engraver at Cincinnati, on my way to this Terr[i]t[or]y, 
in 1838. Subsequently the engraver, left with me a printed 
copy, of this map, on rollers, which is the only copy, within 
my knowledge, in the Terr[i]tory — I trust, the original 
manuscript will answer M'' Nicollet's purpose, which you 
will do me the favour, to present to him with the compli- 
ments of your very ob[e]d[ie]nt 

Serv [a] nt 

Robert Lucas^ 
Col J. J. Abert, 
Topographical, 
Bureau, 

Washington City. 



[Mecorded hij Governor Lucas\ 

Proclamation. 

By the Governor, of Iowa Territory. 

Whereas the Legislative Assembly, of the Territory of 
Iowa, passed an act, which was approved on the 13*'' day, 
of January, 1811, as follows to wit: ^'■An act fixing the 
tlme^ foi' the annual meeting, of the Legislative Assemhly.^'' 
"Section 1, Be it enacted, by the Council, and House of 
Representatives, of the Territory of Iowa, That hereafter, 

1 Autograpb signature. — Editor. 



276 Executive J ournnl of Iowa [1841 

tlie Legislative Assembly, of this Teri-itoiy, shall conimeuee 
its annual session, on the first Monday of December. Sec- 
tion 2, That the next meeting, of the Legislative x'Vssembly, 
shall be held in Iowa City, on condition, that the public 
buildings, at Iowa City; shall be so far constructed, that the 
Legislative Assembly, can be accommodated in said build- 
ings, Or, that other sufficient huildings shall he fiii'tiisheJ, 
for the accom\jiii\odatlon of the Legislative Assemhhj, rent 
free; and in either case, the Governer shall; issue his proc- 
lamation; informing the members of the Legislature of the 
fact. Section 3, All acts, and parts of acts, coming within 
the provisions, of this act, are herel:»y repealed." 

x\nd whereas satisfactory assurances have been given, that 
the conditions of said act, will be fulfilled, and that in case, 
the public buildings, should not Ije sufficiently completed, 
at the meeting of the Legislature, for their accomodation, 
that other sufficient buildings, will be fui'nished, for their 
accom[m](>dation rent free. 

I therefore in discharge of the duti[e]s, enjoined on me, 
by the second section, of said Act, do issue this my procla- 
mation, informing the members of the Legislature of the 
fact, as provided in said act; and in consideration thereof, I 
do hereby declare, and make known, to the members of the 
Legislativ[e] Assembly, and to all other persons, concerned 
therein, that the next Legislative Assembly, of Iowa Ter- 
r[i]tory, will convene in Iowa City, in the County of John- 
son, on the first Monday, of Dec[e]mber next; as rec[u[i]red 
by the Legislativ[e] act, aforesaid. 



1841] Governor Robert Lucas 277 

In Testimony whereof, I Robert Lucas, Gov- 
ernor of the Territory of Iowa, have here- 
T S J ' 

[ujnto set my name, and caused the great seal, 

of the Territory, to be her[eu]nto affixed. 
Done at the City of Burlington, in the Territory of Iowa, 
this Thirtieth day of April, in the year of our Lord, one 
thousand, eight hundred, and forty one of the Independ- 
ence of the United States of America, the sixty fifth and of 
the Oi'ganizatiou, of this ter[r]itory the third. 

Robert Lucas ^ 
(Signed) By the Gov[er]n[o]r, 

James Clark[e], Secr[e]tary of Territory 



\_Recorcled by Governor Lucas] 

Burlington Iowa Territory, 
June 18"^ A D 1S4L 
Daniel "Webster Esquire | 

Secretary of State U. S. | 
Sir, 

I received by last evenings mail, your commun- 
cation from the Department of State, dated the first of 
June, (which by the post mark, appears to have been 
mailed, at Washington City on the 2*^ inst) informing me 
"That the President of the United States, had by commis- 
sion, bearing date the 25"^ of March last, appointed John 



1 Autograph signature. — Editok. 



278 Executive Journal of Iowa [1841 

Chambers Esquire, Goveruor of the Territory of Iowa," 
and advising me "after he shall have ar[r]ived in said Tei'- 
ritory, and been sworn into office, to consider him, as duly 
qualified to act as such; and to deliver to him, the books, 
pajjers, and other property, of the United States, in my 
possession, orcontrole. " 

This communication is the first, and only intelligence, of 
an official character, informing me of my removal, as Gov- 
ernor of Iowa Territory. — It appears, that Governor 
Chambers, anticipated the expectation of the department. — 
I have been informed, (though not officially) that he ar[r]ived 
at Burlington, on the 12"^ day of May, while I was absent 
at Iowa City, attending to official duties, and that on the 
13'.'' he assumed the duties of Executive of the Territory, 
without either reporting to me, his ar[r]ival, in the Terri- 
tory, or awaiting my return to this place — Having previ- 
ously, to my leaving Burlington, heard of the appointment 
of Colonel Chambers, I had left instructions, that should he 
arrive during my absence, present his ci'edentials, and file 
in the office of the Secretary, a certificate of his oath of 
office, as required by the Organic law of the Territory, that 
the Seals of Office, with all the appendages, might be deliv- 
er[e]d over to him, should he retpiire it. This was done, at 
his request, on the 13"^ of May, since which time, he has 
been exercising the i^rerogative of Governor of the Terri- 
tory. 

A few days since, I returned to this City, and on enquiry, 
I learned to my utter astonishment; that Co' Chambers, had 
brought with him, no official notice of my removal, farther 



1841] Governor Robert Lucas 279 

than his commission, and up to this time, he has made, no 
communication to me, either written, or verbal. 

I do not mention these facts, by way of complaint, but 
from their novelty; as I believe such proceedings, are un- 
precedented, in the annals of our Governm[en]t — 

I shall from the receipt of your letter, consider my com- 
mission, as Governor of Iowa Territory revoked; which 
would have ex2)ired, by limitation on the 6*^ of n[e]xt 
month. 

I am sir 

Very res]3ectfully 

Your obed S[er]vant 

KoBERT Lucas ^ 



1 Autograph signature. — Editor. 



An Appendix 



NOTE OF EXPLANATION 

Among the recently discovered papers of Governor Rob- 
ert Lucas is a small manuscript volume (about five by seven 
and one-half inches in size) which contains, under the title 
of Memorandum of Bills ^ Resolutions^ c£v., a journal or 
record of the action taken by the Governor on legislative 
bills and resolutions from November 27, 1838, to January 
16, 1840. Since the matter recorded in this manuscript 
might very properly have been included among the execu- 
tive acts, it is here presented as an appendix to the Exec- 
utive Journal. Mention should be made of the fact that in 
the original manuscript the Memorandum of Bills, Resolu- 
tions, c§(?. appears in the handwriting of the person who 
recorded a considerable portion of the JExecutive Journal 
and who has been refeiTed to as X (See editor's 

preface above). 

The Editor 



Memorandum 

of 

Bills, Resolution's 

&c. 

Submitted, and the action 

taken upon them. 



MEMO E A N D U M 

OF 

BILLS AND EESOLUTIONS 



\Recorded by X ] 

Memorandum cf-c. 

Novemb Eesolution of both branclies of the Legislative 
Assembly — 

27tb,i838. On the subject of "jjrinting the Laws etc." Sub- 
mitted and approved — 

Nov. 28. Bill "To fix the time for the first session of the 
Supreme Court of the T^' of Iowa" &, ap- 
proved — 

Nov. 29. Joint Eesolution "authorizing a Committee to 

examine into the condition of the Miners Bank 

of Dubuque" 

ap^^roved — 

Dec. 5tli Memorial to Congress — Subject of public arms — 

" " Also a Bill "An act relative to pleas in abatement 
etc" Approved 

Executive Jouezs'al of Legislative Acts, Etc.-^ 
Deo. 14. Fanniugs Ferry Act — Dubuque — Approved with 
a Note — 



1 This appears in the original MS. as a page head line. — Editor. 



288 Memorandum of Bills and Resolutions [1838 



Dec. 14. All Act organizing Board of County Commis- 
sioners 

Territorial Road from Keokuek to Iowa 

To render valid the acts of R. G. Roberts J. P. 

To repeal an Act of Wisconsin — Sess. of Courts 

To autliorize AYilliams et al to keep ferry 

Memorial on mineral Lands — 

All approved this day 

Dec. 17. SuUivaus Ferry Act with a Xote. 

" " Kirkpatrick do with Note — approved 

Dec. 17. Act relative to Mechanics Liens — approved 

Dec. 19. Licorporation of Agricultural Society's 

" " Mode of Taking Depositions tfec. 

" " Territorial Road from Fort Madison — 
Appri.ived — 

Dec. '20. An Act regulating intercourse between Ex. <fe 
Leg. dep. of L 

Returned with objections to the Council — 

Collection of Demands vs. Boats tfec. 
" " Regulating Ferries. 
" " Quo Warranto act. 
Dec. 25. An Act to prevent and punish Gambling 

Executive Journal^ 
Dec. 25. An Act — County Surveyors duties cfec. 

' This appears in tlie original MS. as a page head line. — Editor. 



1839] Governor Robert Lucas 289 

" " — Concerning debtors tfe tlieir securities 
approved — Cliiistmas day 
Dec. 29. Joint Resolution appointing a "Fiscal Agent" 
Returned witli objections H R. 
An Act Territorial Roads 
" " Wapello Seminary 

" " Action of Right — 

Approved — 
Act. Regulate Interest 
" Divorce 
" Unwliolesom[e] liquors & provisions 

Usher & Groom's Feriy Act, with a note — 
Approved — 

Of Legislative Acts etc.^ 
Dec. 31. An Act divide Henry Co. & create Jefferson Co. 
returned to H. Rep. with objections — 
" " An Act Road from Black hawk to M' Pleasant. 
" " Memorial to Congress relief of J Smith 
Jan. 1,1839 An Act providing for the establishment of Com- 
mon Schools — Approved. 

" 3 An Act to prevent the selling of Spirituous liq- 

uors to Indians — Approved 

" " An Act for the relief of securities of persons 

charged with offences — 

— Approved. — 

' This appears in the original MS. as a page head line. — Editok. 



'290 Memorandum of Bills and Resolutions [1839 

Janrissg Resolution of botli houses 

" 4tb establisliing titles of Bills — 
Approved. 

" " An Act to authorize Ralph Letton to establish a 

ferry <fec 

Approved. 

" " Resolution of both Houses requiring of Russell 
& Reeves to furnish for the use of the Terri- 
tory 2000 copies of laws &c Approved. 

" " Joint Resolution on subject of Territory Seal tfec 

approved 
" " Joint Resolution requesting Judges of Su- 

pr[e]m[e] Court to furnish bills ifec approved. 

" " Joint Resolution of thanks to Dr. O. Fairchild 
Cint' Ohio Approved 

Jauy4.l839 Joint Resolution authorizing Sect^' of Territory 
to procure seals for Courts »fee 
Approved 
'' " " Memorial to the Congress of the United States 
asking appropriation of laud for buildi[n]g 
Penitentiary. Approved — 
i<. .i ;i ^j^ ji^^^ ^y organize disciplin[e] and govern the 
Malitia of this Territory — Approved. 

" " " An act relative to promissory notes bonds tfec 

approved 
'' " " An act regulating weights and measures Ap- 

jiroved 



1839] Governor Robert Lucas 291 

" " " An act concerning fraud and Petit Jurors. 
Approved. 

" " " An Act to provide for the partition of real estate 
Approved. 

JaDyd.isso An Act regulating criminal proceedings 

" " " An act to prevent disasters on steam Boats nav- 
igating the waters within the jurisdiction of 
this Ten-itory. 

" Vth An act to authorize W™ Meek & Sons to erect a 
dam across the Des Moines River. Approved. 

" " An act allowing and regulating writs of attach- 
ment. . , 
Approved. 

Jany 12 An act to incorporate the Bloomington & Cedar 
river Canal company. Approved — 

" " An act to establish the boundaries of Louisa 
County & to locate the Seat of Justice of the 
said county & for other purposes — 
Jany 12. Approved — 

An act to authorize — Benj? Nye to build a dam 
across the Pine river. Approved. 

" " Resoluti[o]n, for the pay of the commit [t]e[e] 
to investigate DuBuque Bank. Approved — 

" " Joint Resolution on subject survey of the public 

lands. . -, 

— Approved — 



292 Mcnioranduni of Bills and Resolutions [1839 

An act authorizing a special term of the District 
[Court] in Musquatin County 
Jany 12. Approved — 

" 15. An act to provide for the appointment of Dis- 
trict Prosecutors and defining their duties. 
Approved — 

Jany 15. An Act to provide for the collecting of demands 
growing out of contracts for sales of improve- 
ments on public lands. Approved 

" " An act to incorporate the Des Moines mill com- 
pany and for other purposes. 
Approved — 

" " An act to organize the County of Linn and to 
establish the seat of justice thereof. 

" " An act confirming grants of property made for 
for the encourageme[n]t of education and for 
other purposes. Approved. 

" " An act to prescribe the mode of proving in 
courts in this Territory judgments written by 
Justices of the peace in tlie several states. 

A])]iroved. 

18.39 

Jauy IT. An act to authorize Henry Eno Geo. W IIow[e] 
Seth Richards ik their associates to erect a Dam 
across the Des Moines River. Approved — 

" iTtb An act for the establishing Courts of Probate — 
Appro\ed — 



1839] Governor Robert Lucas 293 

" " An act for the improvem[e]nt of the Breed of 

Horses — 

Apiyroved — 

Jau?' 18- An act concerning apprentices and servants — 
Aiyproved — 

" " An act to i3rovide for changing the venue in civil 
and ci'iminal cases — 

Approved 

Jany 18 Report of Judicial Com^'^ on Salary for Reporter 
to SujDreme Court — approved — 

" 19 An act concerning Insane 2:)ersons — 
Approved 

1839 

Jany 19 An act to authorize David W. Kilbouru to keep 
a ferry across the Mississippi river at the town 
of Montrose. Approved — 

Jany 19 An act to regulate the mode of petitioning the 
Legislature in certain cases — Approved. 

Jany 19 An act to incorporate the Plymouth Mill and 
manufacturing Com2)any — Approved — 

Jany 19. An act [to] authorize Robert Wilson his heirs or 
assigns to erect a dam across Skunk River — 
Appyroved — 

" " An act relating to the Office of Recorder of 
Deeds tfec 

Jany 19. An act concerni[n]g the constructions of Statutes 
Approvetl — 



294 Memorandum of Bills and Resolutions [1839 

1839 — An act to authorize the appointment of Public 
Jan?' 19- A 1 • • -1 1 • c T 

Aclmiuistrators in the several counties or the 

Ter?' and for other purposes — 
iV]iproved — 

Jani- 21. An act to provide for the appointment and duties 

of sheriff . r -i ^ 

ApLpJroved 

" " An act to incorporate the Burlington Steam 
Mill Company. 

Approved — 

" " An act to authorize Francis P. Blivern^ to a Ferry 

»fcc . -1 

Approved — 

" •' An act to regulate Black [s] and Mulat[t]oes — 
Approved — 

" " An act to allow and regulate the action of waste — 
— Approved — 

1839 

Jany 21 All act to district the Territory of Iowa into 
electorial districts and apportion the members 
of the House of Representatives in the same — ■ 
Approved — 

" " An act regulating the publication and distribu- 
tion of the the Laws ct Journals of the Legis- 
lative Assembly of the Territory of Iowa 
Approved — 

" " An act to authorize Gaines, Otis Eeynolds and Co. 
— to keep a ferry across the Missi river oppo- 

I Probably intended for Sieving. — Editor. 



1839] Governor Robert Lucas 295 

site to the Round mound at the upper mouth 
of Des Moines river — 

— x\pproved — 

1839 

Jany 21 An act fixing the terms of the Supreme & Dis- 
trict Courts of the Territory of Iowa and for 

other purposes 

Approved — 

" " An act to provide for the compensation of Judges 
of Probate Ap^^roved — 

" " An act to authorize James Leonard, Oliver A 
Crary W™ H Brown & Charles Swain ^ to 
establish & keep a ferry across the Miss! river 
at the town of Charleston — 
— Approved — 
" " An act to locate the seat of government of the 
Territory of Iowa and for other purposes 
Approved — 

1839 

Jany 21. An Act supplementary to "an act to locate the 
seat of Government of the Territory of Iowa 
and for other purposes 

Approved — 

" " An Act to divide the County of Henry & estab- 
lish the County of Jefferson. 
Approved — 
" " Joint Resolution instructing Hon. W W Chap- 
man to Apply for four Sec? of land to locate 
the seat of governuieut cfec — 
Approved — 

1 Probably inteuded for Swan. — Editor. 



1839 
Jan?- 23 



296 Memorandum of Bills and Resolutions [1S39 

" " An act to pi'ovide for the appointiug of Justices 
of the Peace, to pre[s]cribe their powers & 
duties and to regulate their proceedi[n]gs 
A])proved — 

Au act authoriziug John Carter to erect a dam 
across Big Cedar in Jett'ersou County. Ap- 
proved 

" " An act concerning water crafts found adrift, lost 
goods & estray animals 

Approved — 

Jany 23. An act to establish the boundaries of Lee County. 

Approved — 

" " An act concerning costs <fe fees 

An act relative to proceedings in Chancery 

Au act regulating the action of Replevin 

An act Incorporating the to'O'u of Blo(imington 

An act establishing Seminaries 

An act for the relief of the Sh[eri]ff of Cedar Co. 



1839 
Ja n 23d 



An act authorizing Smith et. al. to erect a dam 
across Skunk R 

An act fixing place for annual meeting of the 
Legislative Assemljly 

An act for the relief of the Sh[eri]fl's of Lee & 
Scott Co. 



An act for incorporation of public Libraries 



1839] Governor Robert Lucas 297 

" " Memorial to Congress Settlement on School lands 

Jauy 24 An Act to incoii^orate tlie Burlington & Iowa 
river Turn2jike Company — 

Approved — 

" " An Act to organize tlie County of Jones and 
establish the seat of Justice thereof — 
Approved — 

1839 

Jan 24 An act to incorporate Keosauqua lyceum 

An act collect taxes off Half breed tract 

An act concerning Vagrants 

An act respecting Seals 

" " Police of City of Burlington 

Au act Amendments and jeofails 

An act County Revenue 

Approved — 

An act appointment of Territorial Treasurer 
An act Election of Constables (fee 
An act Bills of Exchange 

An act to restrain the iucorpor[at]ed Banking 
Association 

1839 

Jan 24 An act preserve order in worshipping assemblys 

" " An act Incorporate B <fe Des Moines transjDorta- 
tiou company 

" 25- An Act to provide for the erection of a peniten- 
tiary and establishing tfe regulating Prison Dis- 
cipline for the same approved 



298 Memorandum of Bills and Resolutions [1S39 



Janyas- 



Au Act regulatiug mills iSz. millers & for other 
purposes — approved 

An act to authorize the Governor to call a special 
session of the legislative assembly — cq^proved — 

An act regulating the issuing of writs of Ne 
Exeat and Injunctions 

Approved 

1839 
Jan?' 25- An act relative to limited Partnerships — Ap- 
proved 

An act Crimes and Punishments 

An act Iowa Mutual fire Insurance 

An act minors orjihans cfec 

An act legalizing acts of Co. Com. 

An Act Bonds and other Security's 

An act Fort Madison Feriy 

An act Bail 

Approved 

An act District Court in Jefferson Co. 

An act Boundary of Washington County (form- 
erly Slaughter) 

An act regulating Practice in Courts &c 
An act Wills, Testaments Executors 6zc 
An act General Elections 
An act Peal et ^^ersonal Estate to Execution 
An act White Ferrv at Fort Madison 



1839 
Jan 



1839] Governor Robert Lucas 299 

An act Tresj^ass ou public domain 

An act reference to arbitrators 

An act limitation of actions 

An act Town plots 

An act Road DuBuq[ue] to Keosauqua 

An act Sale Co. Com. land in Henry Co 

1839 

Jan 25. An act Territorial Revenue 

An act Incorporate Davenport 

An act Compensation of Sheriffs 

An act certain Territorial Roads 

An act Relocate Co seat of Van Buren 

An act Repeal of Half Breed tract 

An act forcible Entry & detainer 

An act Districts for Election of Co. Com. 

Memorial Half Breed tract 

Memorial Postroute thi'o Jefferson Co. 
Approved 

1839 

Jauv 25 An act punish contempt and privilege members 
from arrest returned to Council with, objec- 
tions — 



300 Memorandum of Bills and Resolutions [1839 



1839— 
Novr 4tii 



Memorandum of Bills Resolutions ttc submit- 
ted AND the action taken T'PON THEM SEC- 
OND session Iowa Terkitokial Legislative 
Assembly 1839-40 

Nov. 25 An act to authorize Vinson H. Wamsley & Baruet 
Eestine to erreet a dam across the Cedar Fork 
of Skunk river etc 

" " An act to authorize the Legishitive Assembly to 
punish for e(intempt tfcc pi'eseuted for consider- 
ation (not returned within three days) 

" " Memorial of Jeremiah Smith 
Aj>pi'o/:e<L 

" " Joint Resolution relative to the appointment of 

Fiscal Agent. 

Ajiproved 

Xov!'2G. An act in relation to the safe custody of persons 
arrested for crimes cfe Misdemeanors. Ap- 
proved No"^ 2(3. TO oclk A. M. 

" 2[nja Joint Resolution to Russell <fe Reeves printers of 
the laws of last Session, presented for consid- 
eration- — (not returned within three days) 

Dec-r 17. An act to create the office of puldic printer & to 

define his duties. 
" i^tb Returned with objections. 
" " Memorial for Donation of Land for Litrary pur- 

^ " '■■ xVpproved. 



1839] Governor Robert Lucas 301 



[Deer 20. Memorial to Congress for amending the organic 
law. Approved] 1 

Deer 20. An act to regulate the institution of suits by for- 
eign execution and administrators within this 

Territory. 

Approved. 

Deer 20 An act to provide for the organization of the 
county of Delaware and to locate the seat of 
Justice thereof. Approved. 

Dec. 20 An act to provide for appointing Librarian & 
other purposes. 

Returned with objections. 

Deer 23'? An act r[e]lative to Cor[o]ners and their duties 

Approved. 

Deer 23<? Memorial to Congress for amending the oi-ganic 
Law Approved. Transmitted 

1839 

Deer 23 An act to authorize evidence by the oath of 
parties. 

Deer 23 Resolutions relative to memorials cfe Resolutions 
passed at the last session. 

Apj^i'oved 

Deer 23 An act to district the County of Henry into three 
County Commission [e]r districts. 
Approved. 

1 This is crossed out in the original MS. — Editor. 



302 Memorandum of Bills and Resolutions [1839 

Memorial to Congress ou the subject of post 
roads iu Iowa. Approved. 
TransinitteJ 

Deer 24. A memorial to Congress for au additional appro- 
priation for the completion of the Penitentiary. 
Approved 

1839 

Deer 24 An act to provide for the appointment of Nota- 
r[ie]s public and to prescribe their Duties. 
ApjrroveJ. 

Deer 24 Memorial for a Survey of Skunk Eiver. 

Approved [sent Dc 30] ^ 

Deer 24 Preamble tfe joint Resolution relative to the un- 
surveyed Lauds. 

Approved — [sent Dec'" 30]^ 

DecT 24 Memorial for the improvement of the Iowa Sz, 
Cedar Rivers, [sent Dc"" 30] ^ 
Approved. 

Deer 24. An act providing for the election of County 
Treasurers and to deiiue their duties. Aj)- 
jyroved. 

1839 

Deer 30 An act to establish a Seminary of lea[r]niug at 
Parkhurst in Scott Co. 

Approv[e]d. 

Dec 30 An act relative to Landlords and tenants. 
Approv[ed] 

' Inserted in pencil. — Editor. 



1840] Governor Robert Lucas 303 

Deo 30. Joint Resolution relative to seals tfec — approved. 

" " An act to make valid in law the acts of I. C. 

Mather done &, jjerformed by him as County 

Surveyor of the County of Henry and TerT of 

Approv[e]d. 

Dec- 31. Memorial relative to location hj Commission [er]s 
of Henry County &c. 

Approved 

1839 

Deer 30. An act relative to landlords and tenants — 

Approved 

" 3i?t An act to incorporate the Bloomington education 
society — Approved. 

" sotb A memorial for the Survey of the Harbor of the 
Town of Du Buque — 

Approved. 

" 31- An act to incorporate the Iowa Flouring Mill and 
manefactering Company 

Appr[o]v[e]d. 

Jany 4 An act to provide for the appointment of Libra- 
rian and for other purposes. 
Approved. 

" 4tti An act to Regulate conveyances. 
Approved. 

1840 

Jauy 4 An act Regulating Grocery License 

Approved. — 



304 Memorandum of Bills and Resolutions [1840 

Jany 4. An act for the Relief of the Sheriff of Jackson 

County. 

Appi'0\'ed. 

" " An act to authorize Aveiy Thoiaas to keep a 
Ferry across the Mississippi River opposit[e] 
Cordovia Illinois. Approved 

" " An act to provide for the support of illegitimate 
children 

" " An act Regulating mai'riages — Approved 

Jany ^th An act to incorporate the Philadelphia mill and 
manufacturing Company 

Ap)piwed. 

1840 

Jany 7*^ An Act to encourage the distraction of wolves. 

Approved. 

" "'^^ An Act entitled An Act to organize the county 
of Linn and establish the Seat of Justice 
thereof. 

Resolution relative to compensation to J. G. Ed- 
wards for pi'inting in Pamphlet form the Act 
presenting the duties of Justices of the Peace. 
A2)2yroved. 

A memorial to Congress for an api^ropriation for 

a road opposit[e] Burlington in the Mississippi 

bottom. 

Ap)p>roved. 

1840 

Jan.y "th Memorial for the speedy settlement of the Du- 
Buque Land Claim. Appiroved. 



1840] Governor Robert Lucas 305 

" " A memorial to Congress for an appropriation to 
remove obstructions on the rajjids of the Mis- 
sissippi. 

Apjyroved. 

" " An Act for the limitations of suits on penal 
statutes and criminal prosecutions 
Approved. 

" " An act to provide for the appointment and duties 
of Auditor of Public Accounts and regulating 
the duties of Territorial Treasury. Approved. 

1840. 

Jany 8. An act to regulate Ferries in certain cases 

A2ip7'oved. 

" " Resolutions relative to Printing of the Laws <fec 
of the present Session. Approved. 

" " Resolution, not approved. 

" " An act to authorize Elijah Buel to keep a Feny 
— approved. 

" 9* An act to enable the citizens of Des Moines 
County to establish the seat of justice for said 
county — Appro ved. 

9?^ An act to authorize the arrest and detention of 
fugitives from justice from other States and 
Territories of the United States 
Approved. 

1840 

Jany 9tb An act to amend an Act to incorporate the Iowa 
mutual Fire Insurance Company 
Appjroved 



306 Memorandiun of Bills and Resolutions [1840 

" " Joint Resolutions on tlie subject of Post Offices 
Approved 

" " An act to make valid in law the deed of Si-Si-Sa- 
mau a minor to John H. Knapp deceased 
(passed, but not approved) 

Jany 9. A resolution to defray the expenses incurred by 
the Joint Committee appointed to attend the 
remains of the Hon. W™ B. Conway to Dav- 
enport / -, 1 nx 

(passed but not approved) 

1840 

Jany 9 Preamble and Resolution for the benefit of the 
former Sheriffs, jx/ssed hit not approved. 

" " Memorial on the subject of an additional Land 
District in Teriitory of Iowa 

I'asved lut not approved. Signed^ 
■" lot* An Act to provide for the organization of Towu- 

J-"' Approved 

*' lotb ^ Resolution requesting our Delegate in Con- 
gress to use his exertions to procure additional 
mail facilities on the rout[e] leading from 
Davenj)ort to DuBuque. 

Approved. 
1840 

Jan7 10 An act to locate and establish a Territorial Road 

fi'om Fairfield to Wapello etc Approved. 

An act for the benefit <_)f the Sheriff' of Des 

Moines county 

Apptrovtd. 

1 In the original 3IS. the word "approved" is b.y pencil crossed out and the 
word '•sianed" inserted. — Editoe. 



1840] Governor Robert Lucas 307 

An Act to organize the County of Clinton and 
establish, the seat of justice thereof. 
Approved. 

Jany 13 An act to incorporate the Bloomington Insurance 
Company — Approved. 

" " An act to provide for an extra session of the 
Legislative Assembly. 

passed but not approved. 

1840 

Jany 13. An act for the relief of Van Buren Co — approved. 

" " An act for the relief of Cert [a] in Carriers — ap- 
proved 

An act to incorporate the Tuscarore Steam Mill 
Approved — 

Joint Resolution requesting our Delegate in Con- 
gress to urge the passage of a law for a post 

Road. 

Approved 

A Memorial to Congress for an appropriation to 

improve roads from Iowa City to Prairie Du 

Chien — and from DuBuque to the County seat 

of Delaware. 

Ap2)roved. 

1840 

Jauy 13 Resolution providing for the payment of the rent 

of the building occupied by the Legislative 

Assembly 

Approved. 

Jany. 14 An act to establish a Seminary of learning at or 

near Antwerp in Cedar County — Approved. 



308 Memorandum of Bills and Resolutions [1S40 

Au act to amend the Act providing for the ap- 
pointment of Justices of the Peace — 
Approved. 
" " Au Act to authorize Adam Ritchie to erect a 
dam across Crooked Creek in Henry County. 
Approved 

1840 

Jany 14 An act estaLlishing certain Territorial Roads 
the [re] in named, a^yproved 

" " An act amendatory to an act for assessing and 

collecting County Revenue approved January 

2-i'h 1839. 

Approved. 

" " Au act for the relief of certain Officers in the 

Territory. 

Approved. 

" " Resolution Relative to the taking oi the Census. 
(passed but not approved) 

An act to incorporate the town of Salem in Henry 

County. A'piyroved. 
An act to incorporate the Bloomington Mill tfe 

Manufacturing Company 

Approved. 
1840. 

Jan?- 14 An Act to provide for the execution of title deeds 
to lots in Iowa City, and for other purpose, 
(passed but not signed) 
" " Memorial to Congress for appropriations to be 
expended in building bridges and improving 
roads on the mail rout[e]s in this Territory 
Approved 



1840] Governor Robert Lucas 309 

" " Resolution Requesting the appointment of a resi- 
dent Engineer. Approved. 

" 15 An act to relocate tlie county seat of Clayton 

County , ^ 

Approved. 

" 15 Memorial to Congress on the subject of a turn- 
pike road fi'om the City of Burlington via Mt 
Pleasant to Fairfield. Approved — 

1840. 

Jany 15. A memorial to Congress for a further aj^propria 
tion for the Road from Burlington to the Dis 
Moines River — approved. 

A memoi'ial for an appropriation for a Road 
from Keokuk via west point to Mt. Pleasant 

Jany. 16^'^ Preamble and memorial to Congress requesting 
the donation of the sees, of land contiguous to 
the Section donated as a location for the seat 
of government of this Territory. 
Approved 

An act to regulate the admission of attorneys 
Approved 

An act for the relief of certain Administrators 
Approved. 

1840 

Jany 16. An act to establish a university at the Town of 

Mount Pleasant 

Approved. 

" " An act to authorize AV™ IngersoU to build a dam 
across Skunk River in Jefferson County — Ap- 
proved 



310 Memorandum of Bills and Resolutions [1840 

An act to anieud "an act relative to Mechanics 

liens and for other purposes ["] — approved. 

DC 17. 1839 

Approved 

An act relative to Habeas Corpus. Approved. 

An act for the relief of the Poor. Ajyj^i'oveJ. 

An act amendatory of "An act subjecting real 

and personal estate to execution [''] approved 

January 25. 1839 

Approved. 

Jan7 16 An act to provide for the election of Delegate to 
Congress, Judge of Probate, Sheriffs — County 
Surveyor and to amend "An act regulating 
General elections in this Territory. ["] 
Approved. 

An act to provide for the compensation of Print- 
ers Offices tfec — 

Approved. 

16. An act to establish a system of cc.^mmou schools. 
Approved 

An [act] t(^ remove tt relocate the county seat 

of Lee County 

Approved 

A Resolution to provide for printing the i-eports 

of the decisions of the Supreme Court. — Ap- 

iiroved. 
1840 

Jany 16 An act to authorize Robert E Mott to keep a 
ferry across the Des Moines river at the Round 
Mound in Lee County. Ajijirortil 



1840 



Governor Robert Lucas 311 

An act I'elative to the autheuticatiou of statutes 

the approval of the Goveruor and for othei' 

purposes. , , 

Approved. 

Au act to prevent frauds. Approved 
An act to relocate the County seat of Clayton 
County. Approved 

An act to provide for the annual organization of 
the Council &, House of Representatives. 
Approved 

Jany 16 Resolution relative to pay for carrying Extra 
Mail, (not signed) 

An act to authorize W™ Warner to erect a dam 
across Big Cedar in Henry County. Ajyjyroved 

An act to establish a territorial road from Bloom- 
ington by Point Comfort to the western line 
of Washington County. 

An act to authorize 

An act to authorize John Troxell to erect a dam 
across Big Cedar in Jefferson Co. 
Approved 

1840 

Janr 1(3 An act to authorize Harriet Knapp to sell & con- 
vey the interest of Nathaniel Knapp deceased 
in the haK breed lands in Lee County 
Approved. 



312 Memorandum of Bills and Resolutions [1839 



[The following memoranda are found recorded in the original 
manuscript.] 

1838. United States. Cr. by allowances made to office 

of superintendent of Indian affairs for Iowa 
Territory from 7"' June 1838 per annum. 



F=^ 



For defraying expences of 
Ind? visiting office — $100. 
For presents to Indians 100. 
For contingent expences 75. 
For Messenger 365. 



1839 

3 I.March Paid Jesse Wil- 
liams as mes - 
senger- 111.00 
June 30. Paid Jesse Wil- 
liams messen- 
ger 91.00 
p^ J. Williams — tiie 
amt. allowed for con- 
ting[ent] expences 75 



[Last page of book, other side up.] 

Expenses of Executive office 

paid for cut[t]iiig wood $1.00 

" candles 5.00 

Tin bason .50 

hammer handle .25 



An Index 



INDEX 



Abby, William, nominated to the office 
of Justice of the Peace, 89; meeting 
of county seat commissioners at 
hovise of, 174 

Abert, J. J., letter to, relative to Jud- 
son's map of Wisconsin and Iowa, 
274 

Actions, an act relative to limitation 
of, 290 

Administrators, public, an act author- 
izing appointment of, 294; an act for 
the relief of certain, 309 

Afferty, John M., nominated to the 
office of Justice of the Peace, 89 

Agent, Fiscal, resolution relative to 
appointment of, 289, 300 

Agricultural Society, an act relative to 
incorporation of, 288 

Aliens, an act relative to naturaliza- 
tion of, 185 

Allen, Morris S., nominated to the 
office of Justice of the Peace, 89 

Amendments, an act relative to, 297 

Amendments to Organic Law of the 
Territory, 179 

Annuities, payment of, to Sac and Fox 
Indians, 252, 257 

Antwerp (Iowa), an act to establish a 
seminary of learning at, 307 

Appendix, an, 281 

Appointment of Librarian, mode of, 57, 
229 

Apprentices, an act concerning, 293 

Appropriations, manner of paying, 19; 
for Territorial library, 24, 26, 57, 
186; for public buildings, 54, 115, 
123, 138, 187, 191, 207, 235, 240, 212, 
245, 247, 248; for literary purposes, 
56; for support of Territorial gov- 
ernment, 58, 63; policy of disburs- 
ing, 59, 111; expenditure of, 101, 



102; expenditures beyond, 103, 265, 
266; for Territorial penitentiary, 
115, 123, 138, 207, 234, 247, 248; ob- 
jection to general bill for, 206 

Arbitrators, an act relative to, 299 

Arms, public, memorial relative to, 287 

Armstrong, Pleasant M., nominated to 
the office of Justice of the Peace, 85 

Arrest, an act relative to privileging 
members of the Legislative Assem- 
bly from, 97, 299 

xVtkinson, Gen. Henry, reference to 
declination of, 9 

Attachment, writs of, an act regulat- 
ing, 291 

Attorneys, an act to regulate admission 
of, 309 

Aukrom, John, nominated to the office 
of Justice of the Peace, 87 

Aurn, Professor, report of Geological 
Survey by, 240 

Ayers, Samuel B., nominated to the 
office of Justice of the Peace, 85 

Bagley, William A., nominated to the 
position of Lieutenant, 270 

Bail, an act relative to, 298 

Bailey, Gideon S., elected member of 
House of Representatives, 37 

Baker, Benj. F., nominated to the 
office of Justice of the Peace, 90 

Baker, Nathan, nominated to the office 
of Judge of Probate, S3; nominated 
to the office of Justice of the Peace, 
88 

Baker, Thomas, nominated to the posi- 
tion of Colonel, 270 

Bambridge, Mortimore, nominated to 
the office of Justice of the Peace, 90 

Bancroft, Brown &, publishers of map 
of Missouri, 146 

Bank, Miners, of DuBuque, resolution 



316 



Executive Journal of low n 



authorizing committee to examine 
into condition of, 287 

Banking Association, act to restrain 
the incorporated, 207 

Banks, Abram T., nominated to the 
position of Captain, 270 

Bankson, Andrew, elected member of 
House of Representatives, 37 

Bayless, Thornton, letter to, relative 
to bond of Treasurer, 2i2; draft en- 
dorsed to, 248 

Beeler, George H., nominated to the 
position of Colonel, 91 

Bell, Elisha, nominated to the position 
of Lieutenant, 270 

Bending, John, nominated to the posi- 
tion of Lieutenant Colonel, 271 

Berry, J. V., letter to, relative to dis- 
turbances in Jackson County, 243 

Big Cedar River, acts relative to dam 
across, 296, 811 

Biggs, Uriah, nominated to the office 
of Judge of Probate, 88 

Bills, policy of Executive relative to 
disposition of, 71, 76; resolution of 
Legislative Assembly relative to, 74, 
75; amendment of Organic Act rela- 
tive to return of, 179; memorandum 
of, 283, 285, 287; resolution estab- 
lishing titles of, 290 

Bills of exchange, an act relative to, 
297 

Blacks, an act regulating, 294 

Blair, Thomas, elected member of 
House of Representatives, 37 

Blevens, Francis P., nominated to the 
position of Colonel, 91 

Bleving, Francis P., an act authorizing, 
to keep ferry, 294 

Bloomington (Iowa), prisoner removed 
to, 171, 214; an act incorporating 
town of, 296; an act relative to ter- 
ritorial road from, 311 

Bloomington and Cedar Canal Co., 
complaint against Lucas in relation 
to, 107; an act to incorporate, 291 



Bloomington Education Society, an 
act to incorporate, 303 

Bloomington Insurance Company, an 
act to incorporate, 807 

Bloomington Mill & Manufacturing 
Comjiany, an act to incorporate, 308 

Blue Earth River, 178 

Boats, an act relative to collection of 
demands against, 288 

Boggs, L. W., letter to, from Wm. B. 
Conway, relative to Missouri-Iowa 
boundary, 10; letter to, from Robert 
Lucas, relative to appointment of 
James Davis as Commissioner, 20; 
reference to proclamation of, 139, 
173 

Bond of Treasurer, 242 

Bonds, an act relative to, 290, 298 

Bounafield, Roodham, nominated to 
the office of Justice of the Peace, 86 

Bonnifield, William, nominated to the 
position of First Lieutenant, 269 

Bosworth, M. N., nominated to the 
office of Justice of the Peace, 88 

Boundaries, recommendation of Lucas 
I'elative to, 178 

Boundary, Missouri-Iowa, letters by 
Wm. B. Conway relative to, 8, 10, 
12; Commissioners to ascertain, 9, 
10, 11, 12, 18, 20, 21, 22, 23, 58; let- 
ters by Robert Lucas relative to, 20, 
21, 22, 23, 162, 164, 170, 213, 215, 
210; proclamations relative to, 132, 
139; reference to, by Lucas in mes- 
.sage, 201; comijensation of James 
Davis as Commissioner, 232; termi- 
nation of di.sput.e relative to, 255, 256 

Boundary dispute, Ohio-Michigan, dis- 
cussed by Lucas, 220 

Bowen, Hugh, nominated to the oiSce 
of Sheriff, 84; nominated to the po- 
sition of Lieutenant, 92 

Brady, John W., nominated to the 
position of Captain, 26S 

Brattaiu, Paul, nominated to the office 
of Justice of the Peace, 84 



Index 



317 



Braziltine, Samuel, nominated to the 
position of Colonel, 91 

Bridges, memorial relative to appro- 
priations for, 308 

Bridgman, A., letter to, relative to 
commissioning city officers of Burl- 
ington, 271 

Brierly, James, elected member of 
House of Representatives, 37 

Briggs, Isaac, nominated to the office 
of Justice of the Peace, 8i 

Brittain, Martain A., nominated to the 
office of Justice of the Peace, 85 

Brown, Hugh, commissioned as Sheriff, 
209 

Brown, Jesse B., elected member of 
Council, 30; signature of, to resolu- 
tions as President of Council, 72, 74, 
75, 76; nominated to the position of 
Major General, 77; letter to, relative 
to pardoning James Pike, 119 

Brown, Nicholas C, nominated to the 
position of Major, 209 

Brown, Wm. H., an act authorizing, 
to keep ferry, 295 

Brown & Bancroft, publishers of map 
of Missouri, 140 

Buchanan County, a part of election 
district, 15 

Buchannan, James, nominated to the 
office of Justice of the Peace, 88 

Bttel, Elias, nominated to the office Of 
Justice of the Peace, 88 

Buel, Elijah, nominated to the office 
of Justice of the Peace, 89; an act 
authorizing, to keep ferry, 305 

Bunifield, Robert, nominated to the 
office of Justice of the Peace, 87 

Burchard, Jabez A., number of votes 
for, 28 

Burchard, Jabez A., Jr., letter to, rela- 
tive to election returns, 28 

Burdet, Thomas, nominated to the 
office of Justice of the Peace, 87 

Burkhart, John, nominated to the 
office of Justice of the Peace, 80 



Burlington, proclamations issued at, 6, 

16, 38, 39, 130, 137, 158, 100, 176, 
254, 274, 277; letters addressed from, 
8, 10, 12, 18, 20, 21, 22, 23, 24, 25, 
27, 28, 30, 31, 34, 38, 40, 65, 69, 99, 
103, 104, 114, 115, 117, 119, 122, 123, 
125, 138, 161, 162, 164, 170, 205, 207, 
210, 212, 213, 215, 216, 226, 238, 234, 
237, 239, 240, 242, 243, 244, 245, 267, 
271, 274, 277; commissions dated at, 

17, 18, 68; references to, 19, 26, 148, 
272; location of temporary seat of 
government at, 23, 32; meeting of 
Legislative Assembly at, 38, 92; com- 
munications to Council dated at, 61, 
70, 77, 78, 83, 84, 91, 97, 216, 230, 
231, 264, 268; arrival of Robert Lucas 
at, 112; communications to House of 
Representatives dated at, 72, 73, 74, 
75, 92, 94, 101, 106, 205, 208, 227, 
229, 231, 252; messages dated at, 60, 
204, 251, 264; communication to 
Legislative Assembly dated at, 228; 
memorial dated at, 235; certificate 
dated at, 232; manner of electing 
officers in, 271; an act relative to 
police of, 297; memorial relative to 
appropriation for road opposite, 304; 
memorial relative to road from, 309 

Burlington & Des Moines Traixsporta- 

tion Co., an act to incorporate, 297 
Burlington & Iowa River Turnpike Co., 

an act to incorporate, 297 
Burlington Steam Mill Company, an 

act to incorporate, 294 
Burnap, Henry B., nominated to the 

office of Justice of the Peace, 89 
Burns, David, nominated to the office 

of Justice of the Peace, 88 
Burtis, James S., nominated to the 

office of Justice of the Peace, 89 
Butterworth, Nathaniel, nominated to 

the office of Justice of the Peace, 89 
Cactus River, 178 
Cain, Paul, nominated to the position 

of Colonel, 92 



318 



Executive Journal of Iowa 



Calendar of Contents, xiii 

Calumet (Sioux) River, ITS 

Campbell, E. S., Dominated to the 
office of Justice of the Peace, 85 

Camron, James, nominated to the 
office of Sheriff, S3; commissioned as 
Sheriff, 209 

Canal Company, Bloomington and 
Cedar, 107; an act to incori^orate, 291 

Capital punishment, manner of exe- 
cuting, 49 

Capitol, building of Territorial, 250 

Carey, Eobert, nominated to the office 
of Justice of the Peace, 89 

Carpenter, Allen, nominated to the 
office of Justice of the Peace, 90 

Carpenter, Silas S., nominated to the 
position of Lieutenant Colonel, 268 

Carriers, an act for the relief of cer- 
tain, 307 

Carter, John, act authorizing, to erect 
dam, 296 

Casebear, David, nominated to the 
office of Justice of the Peace, 85 

Cedar County, a jjart of judicial dis- 
trict, 5; a part of election district, 
15; letter relative to locating seat of 
justice of, 34; references to, 37, 83, 
88, 209; an act for relief of Sheriff 
of, 296; an act to establish seminary 
of learning in, 307 

Cedar Elver, memorial for improve- 
ment of, 302 

Census, duty to provide by law for, 54; 
resolution relative to the taking of, 
308 

Chambers, Andrew, nominated to the 
position of Lieutenant, 270 

Chambers, John, reference to appoint- 
ment of, as Governor, 278 

Chance, David E., nominated to the 
office of Justice of the Peace, SO 

Chancery, an act relative to proceed- 
ings in, 290 

Chapman, William W., certificate of 
election of. 33; elected Delegate to 



Congress, 30; letter to, transmitting 
memorial and resolution, 82; number 
of votes for, as Delegate to Congress, 
159; letters transmitting papers to, 
233, 237, 239; resolution instructing, 
to apply for land, 295 

Charleston, an act relative to ferry at, 
295 

Chastain, Elijah, nominated to the 
office of Jastice of the Peace, 87 

Chester (Pennsylvania), 7 

Childers, Robert, nominated to the 
position of Major, 91 

Christmas Day, act approved on, 289 

Cincinnati (Ohio), references to, 19, 24, 
20, 27, 148, 21S, 290 

Clairbourn, James, nominated to the 
office of Justice of the Peace, 89 

Clark, Caleb, nominated to the office 
of Justice of the Peace, S9 

Clark, Gov., statement by, relative to 
location of the Eapids of the Des 
Moines, 14G; statement by, relative 
to the Missouri-Iowa boundary, 147 

Clark, James M., elected member of 
Council, 36 

Clark, John, nominated to the office of 
Justice of the Peace, 90 

Clark, Thomas M., nominated to the 
office of Justice of the Peace, 85 

Clark, Truman S., nominated to the 
office of Justice of the Peace, 87 

Clark, William A., nominated to the 
position of Major, 91 

Clark & McKenny, employed to print 
journal of the House of Representa- 
tives, 182 

Clarke, James, proclamations counter- 
signed by, 254, 274, 277 

Clarke County (Missouri), 168, 213 

Clayton County, a part of first judicial 
district, 5; time of holding court in, 
5; a part of election district, 15; 
references to, 37, 84, 90, 209; an act 
to relocate county seat of. 309, 311 

Clinton County, a part of election dis- 



Index 



319 



triot, 15, 28; references to 37, 89; an 
act to organize, 307 

Cobbage, George, nominated to tlie 
position of Brigadier General, 78 

Cocliran, Jolm, nominated to the office 
of Justice of tlie Peace, 85 

Cook, Robert, nominated to the office 
of Judge of Probate, 83; nominated 
to the office of Justice of the Peace, 
86 

Code, importance of criminal, 4S, 49; 
suggestions relative to, 49; method 
of compiling, suggested, 56, 64 

Coldwell, Thomas, nominated to the 
oEEce of Justice of the Peace, 88 

Cole, John G., nominated to the office 
of Justice of the Peace, 89 

Columbus (Ohio), on direct route from 
Washington, 32 

Colyer, Samuel H., nominated to the 
office of Justice of the Peace, 87 

Commissioner, appointment of, to par- 
tition Half Breed lands, 18, 08 

Commissioners, to ascertain Missouri- 
Iowa boundary line, 9, 10, 11, 12, 13, 
17, 20, 21, 22, 23, 58 

Committee of Council on Territorial 
library, letter to, 212 

Congress, act of, dividing the Tei-ri- 
tory of Wisconsin and establishing 
the Territorial government of Iowa, 
4; act of, relative to Missouri-Iowa 
boundary, 8; election of Delegate 
to, 16, 33, 36, 158, 161, 185; copies of 
acts of, received, 40; memorial to, 
relative to seat of government, 96; 
copies of laws of, received, 125; letter 
to Delegate to, relative to election of 
Governor, 233; transmission of reso- 
lution of Legislative Assembly to, 
234; memorial to, asking grant of 
land, 236 

Conkrite, Orvil, nominated to the 
office of Justice of the Peace, 89 

Constables, an act relative to election 
of, 297 



Constitution, State, formation of, rec- 
ommended, 179 

Contempt, an act relative to punishing 
members of General Assembly for, 
97, 299, 300 

Contents, calendar of, siii 

Contingent fund, 19, 122, 245; com- 
munication relative to, 264 

Convention to foi-m State Constitution 
recommended, 179, 251; vote on, 260 

Conveyances, an act to regulate, 303 

Conway, Wm. B., executive journal 
not kept by, viii; proclamation by, 
dividing the Territory into judicial 
districts and fixing the time of hold- 
ing courts, 4; letter by, to Wm. B. 
Slaughter relative to officers and 
records of the Territory, 6; letter by, 
to Joseph Williams relative to his 
judicial duties, 7; letter by, to John 
Forsyth relative to Missouri-Iowa 
boundary, 8; letter by, to L. W. 
Boggs relative to Missouri-Iowa 
boundary, 10; letter by, to Albert M. 
Lea relative to Missouri-Iowa bound- 
ary, 12; communication handed to 
Robert Lucas by, 22; letter to, rela- 
tive to location of seat of government 
and commencing official duties, 23; 
letter to, relative to a joint resolu- 
tion of the Legislative Assembly, 65; 
commission countersigned by, 68; 
letter to, relative to duties of Secre- 
tary of the Territory, 69; resolution 
containing appointment of, as Fiscal 
Agent of the Legislative Assembly, 
72; allowances to, 110; salary of, 110; 
assumption of executive prerogative 
by, 112; prime mover in opposition 
to the proceedings of Robert Lucas, 
112; duties not performed b}', 112, 
113, 118; announcement of death of, 
205; resolutions relative to expenses 
of joint committee in attending re- 
mains of, 306 

Cook, Ebenezer, nominated to the 



320 



Executive Journal of Iowa 



office of Judge of Probate, 83; nom- 
inated to the position of Major, 270 

Cook, Ira, nominated to the office of 
Justice of the Peace, 88 

Coop, William G., elected member of 
the House of Representatives, 37; 
nominated to the position of Cap- 
tain, 209 

Coope, S., reference to communication 
from, 196 

Cooper, Brevet Captain, military in- 
structions and regulations compiled 
by, 126 

Cordovia (Illinois), an act relative to 
ferry opposite, 304 

Corkery, Charles, nominated to the 
office of Judge of Probate, 84 

Coroners, an act relative to, 301 

Costs and fees, an act relative to, 296 

Council, Legislative, members of, ap- 
portioned among the several coun- 
ties, 14; election for members of, 15; 
members elected to, 36; communica- 
tions to, replying to resolutions, 61, 
264; communications to, nominating 
officers, 83, 216, 230; communications 
to, nominating militia officers, 77, 
84, 91. 268; communications to, rela- 
tive to bills, 70, 78, 97; communica- 
tion to, transmitting papers relative 
to militia matters, 231; an act rela- 
tive to annual organization of, 311 

Council Bluffs (Iowa), 126 

Counties, advantage of organized, 53 

County Commissioner land, an act rela- 
tive to sale of, in Henry County, 299 

County Commissioners, an act organiz- 
ing Board of, 288; an act legalizing 
acts of, 298; an act relative to dis- 
tricts for election of, 299 

Court, District, organization of, 4; time 
for holding, to be fixed by Governor, 
4; time for holding, in the several 
counties, 5, 6; powers of, in Du 
Buque County, 79; judicial power 
vested in, 46, SO; an act relative to. 



in Muscatine County, 292; an act 
relative to terms of, 295; an act rela- 
tive to, in Jefferson County, 298 

Court, Justice of the Peace, 46, 80 

Court, Probate, judicial power vested 
in, 46, 80; an act for establishing, 
292 

Court, Supreme, judges of, to hold 
court in judicial districts, 4; judicial 
power vested in, 46, 80; bill fixing 
time of holding first session of, 287; 
resolution requesting, to furnish 
bills, 290; report relative to a re- 
porter to, 293; an act relative to terms 
of, 295; an act relative to printing 
reports of decisions of, 310 

Courts, established by Organic Law, 46; 
repeal of act of Wisconsin relative 
to session of, 288; resolution relative 
to seals for, 290; an act regulating 
practice in, 298 

Cox, T. J., nominated to the office of 
Justice of the Peace, 85 

Cox, Thomas, question of eligibility 
of, to seat in Legislative Assembly, 
30; elected member of House of Rep- 
resentatives, 37 

Crafts, water, an act relative to, 296 

Craig, Orison, nominated to the office 
of Justice of the Peace, 86 

Crane, Joseph, nominated to the office 
of Justice of the Peace, 87 

Crary, Oliver A., an act authorizing, 
to keep ferry, 295 

Cravens, Bushrod, nominated to the 
office of Justice of the Peace, 85; 
nominated to the position of Lieu- 
tenant Colonel, 91 

Cree, George W., nominated to the 
position of Captain, 270 

Crimes, an act relative to, 293; an act 
relative to the custody of pereons 
arrested for, 300 

Criminal Code, importance of, 48, 49; 
recommendations of Robert Lucas 
relative to, 49 



Index 



321 



Criminal proceedings, an act regu- 
lating, 291 

Criminal prosecutions, limitations of 
suits ou, 305 

Crooked Creek, an act relative to dam 
across, 308 

Cummins, George W., nominated to 
the office of Sheriff, 8-1; commissioned 
as Sheriff, 209 

Dams, acts relative to, 291, 292, 293, 
296, 300, 308, 309, 311 

Davenport, references to, 6, 7, 24, 74, 
112; an act to incorporate, 299; reso- 
lution relative to mail route from, 
300; burial of W. B. Conway at, 306 

Davenport, Adrian H., nominated to 
the office of Sheriff, 83, 230; com- 
missioned Sheriff, 209 

David, John S., books to be sent to the 
care of, 26; library room fitted up 
by, 186 

Davis, James, appointed Commissioner, 
16; references to, as Commissioner, 
20, 21, 22, 23, 57, 173, 202, 232; nom- 
inated to the office of Sheriff, 83; 
letter to, relative to Missouri-Iowa 
boundary, 103; certificate on petition 
of, 232 

Davis, Joseph B., nominated to the 
position of Major, 270 

Debt, imprisonment for, 48 

Debtor's, an act concerning, 289 

Debts contracted by Legislative Assem- 
bly, 201 

Deeds, an act relative to title, 308 

Deeds, Recorder of, an act relative to 
office of, 293 

Delashmutt, Van B., elected member 
of House of Representatives, 37 

Delaware County, an act to organize, 
301; memorial to improve road to 
county seat of, 307 

Delegate to Congress, election of, 16, 
36, 158, 185; certificate of election 
of W. W. Chapman as, 33; certificate 
of election of Francis Gehon as, 160; 



letter relative to, 161; letter to, rela- 
tive to election of Governor, 233; an 
act providing for election of, 310 

Denson, Thomas L., nominated to the 
office of Justice of the Peace, 89 

Depositions, mode of taking, 288 

Des Moines County, a part of 3d judi- 
cial district, 5; time of holding court 
in, 6; number of membere in Council 
and House of Representatives from, 
14; references to, 16, 21, 36, 37, 38, 
39, 68, 78, 83, 86, 168, 209; an act 
relative to establishing seat of jus- 
tice of, 305; an act for benefit of 
Sheriff of, 306 

Des Moines Mill Company, an act to 
incoi-porate, 292 

Des Moines River, references to, 142, 
143, 144, 145, 146, 178, 179; rapids 
of, 255; an act relative to dam across, 
291, 292; an act relative to ferry op- 
posite mouth of, 295; an act relative 
to ferry across, 310; memorial rela- 
tive to road to, 309 

Detainer-, forcible entry and, an act 
relative to, 299 

Dewebber, William F., nominated to 
the position of Lieutenant, 270 

Dickins, Asbury, letter to, relative to 
receipt of books, 38; letter to, rela- 
tive to reports on geology, 239 

Dickman, William, nominated to the 
position of Captain, 269 

District Court, organization of, 4; time 
for holding, to be fixed by Governor, 
4; time for holding, in the several 
counties, 5, 6; powers of, in Du 
Buque County, 79; judicial power 
vested in, 46, 80; an act relative to, 
in Muscatine County, 292; an act 
relative to terms of, 295; an act rela- 
tive to, in Jefferson County, 298 

District Prosecutor, duty of, 243 

District Prosecutors, an act relative to, 
292 

Divorce, an act concerning, 289 



Executive Journal of Iowa 



Dixon, Thos. L., nominated to the 
position of iNIajor, 92 

Dobbins, Daniel, nominated to tlie 
office of Justice of the Peace, SO 

Documents, letter by William B. Con- 
way referring to Territorial, 7 

Dodge, Augustus C, nominated to the 
position of Brigadier General, 78 

Dorothy, William, nominated to the 
position of Captain, 269 

Douglass, Thomas, nominated to the 
office of Justice of the Peace, 85 

Dralve, John A., nominated to the office 
of Justice of the Peace, So 

Dreshell, Miles, nominated to the posi- 
tion of First Lieutenant, 269 

Du Buque, references to, 25, 27, 74, 
162, 183, 244; provisions of an act to 
incorporate, 78; an act relative to a 
Territorial road from, 299; memorial 
for survey of harbor of , 303; resolu- 
tion relative to mail route to, 306; 
memorial relative to road from, 307 

Du Buque Bank, resolution relative to 
investigation of, 291 

Du Buque County, a part of 1st judicial 
district, 5; time of holding court in, 
5; a part of election district, 15; ref- 
erences to, 37, 77, 78, 79, 84, 90, 209 

Du Buque Land Claim, memorial for 
speedy settlement of, 304 

Dubuque Land District, 193 

Easton (Maryland), 21 

Eastwoods, Maximillian, nominated to 
tlie office of Justice of the Peace, 87 

Editor, preface of, vii; note of explana- 
tion by, 283 

Education, an act relative to grants of 
property for encouragement of, 292 

Education Society, Bloomington, an 
act to incorporate, 303 

Edwards, Elisha E., nominated to the 
office of Justice of the Peace, 88; 
commissioned as Sheriff, 209 

Edwards, J. G., an act relative to com- 
pensation of, for printing, 304 



Eldridge, William P., nominated to 
the position of Lieutenant Colonel, 
270 

Election, time of holding, 16, 27; con- 
tested, 28; manner of conducting 
first, 29; special, ordered by the Gov- 
ernor, 39; of officers, 181; of officers 
in Burlington, 271; of County Com- 
missioners, an act relative to dis- 
tricts for, 299 

Election districts, proclamation rela- 
tive to counties forming, 14; an act 
relative to, 294 

Election returns, not questioned by 
Executive, 31 

Elections, general, acts relative to, 298, 
310 

Eligibility of Representative elect, duty 
of Executive with regard to, 30 

Elliott, Allen, nominated to the office 
of Justice of the Peace, 86 

Elmaker, Enos, nominated to the office 
of Justice of the Peace, 86 

Engineer, resident, resolution relative 
to appointing, 309 

Enlow, Edward, nominated to the office 
of Justice of the Peace, 8,5 

Eno, Henry, nominated to the office of 
Judge of Probate, 83; letter to, rela- 
tive to pardoning James Fike, 119; 
an act authorizing, to erect dam, 292 

Entry, Eorcible, and detainer, an act 
relative to, 299 

Evidence, an act to authorize, by oath 
of parties, 301 

Executive, office room procured for, 23; 
duty of, with regard to elections, 29; 
policy of, relative to wearing con- 
cealed weapons, 50, 108; appointing 
power of, 59, 80; legislative power 
of, 60, 66; opinion of, relative to 
gambling and intemperance, 59, 108; 
policy of, relative to bills presented, 
60, 71, 74, 76, 105; clerical work of, 
70; opinion of, relative to privileging 
members of the Legislative Assembly 



Index 



323 



from arrest, 98; references to salary 
of, 99, 100, 122; letter replying to 
complaints against, 104; letter trans- 
mitting papers relative to complaints 
against, 114; relation of, to Legisla- 
tive Assembly, 180; power of, in en- 
forcing laws, 243; an act regulating 
intercourse between, and legislative 
department, 288 

Executive Journal, Governor of Terri- 
tory required to keep, vii; plan of 
editing, xi; appendix to, 283 

Executive letters, copy of, x, 1 

Executors, an act relative to, 298 

Expenses of Legislative Assembly, esti- 
mates of, 31, 58, 63, 261; contingent, 
100; of executive ofBoe, 312 

Fairchild, Dr. O., reference to maps 
presented by, 57; resolution of tlianlvs 
to, 290 

Fairfield, an act to establish Territorial 
road from, 306 

Farnam, Benonah, nominated to the 
position of Major, 268 

Fayette County, a part of election dis- 
trict, 15 

Ferries, bills chartering, 106; acts rela- 
tive to, 288, 290, 293, 294, 295, 298, 
304, 305 

Ferry act, Fanning's, 287; Kirkpat- 
rick's, 288; Sullivan's, 288; Usher & 
Groom's, 289 

Fike, James, a letter relative to peti- 
tion for pardon of, 119 

Finance, system of, for Territory, rec- 
ommended, 198, 261 

Fiscal Agent, resolution relative to ap- 
pointment of, 289, 300 

Fletcher, Jonathan E., nominated to 
the position of Major General, 77 

Florida, a bill to enable the people of, 
to form a constitution, 250 

Flouring Mill, Iowa, an act to incor- 
porate, 303 

Forbes, John, nominated to the office 
of Justice of the Peace, 90 



Fordice, Jaiiiis, nominated to the office 
of Justice of the Peace, 84 

Forrest, John, nominated to the office 
of Justice of the Peace, 88 

Foreyth, John, letter to, from Robert 
Lucas, accepting appointment as Gov- 
ernor of Iowa, 3; letter to, from "Wm. 
B. Conway, relative to Misssouri- 
lowa boundary, S; reference to com- 
munication from, 11; letters to, from 
Robert Lucas, relative to Missouri- 
Iowa boundary, 22, 162, 164, 170, 216; 
letters to, relative to acts of Con- 
gress, 40, 125; letter to, relative to 
complaints against Robert Lucas, 
104; letter's to, transmitting papers, 
114, 117; letter to, relative to death 
of "Wm. B. Conway, 205 

Fort Armstrong, 197, 211 

Fort Madison (Iowa), 34; Territorial 
road from, 288; an act relative to 
ferry at, 298 

Fonts, Benj., nominated to the position 
of Lieutenant, 209 

Fowler, William, nominated to the 
office of Justice of the Peace, 87 

Fox, Timothy, nominated to the office 
of Justice of the Peace, 86 

Fox Indians, purchase made from the, 
90 

Foy, John G., Sr., nominated to the 
office of Justice of the Peace, 88 

Fraud, acts concerning, 291, 311 

Freeman, John, nominated to the posi- 
tion of Lieutenant Colonel, 91 

Frierson, John, elected member of 
House of Representatives, 87; nomi- 
nated to the position of Brigadier 
General, 78 

Fugitives from justice, acts relative to, 
80, 228, 305 

Fuller, Amos, nominated to the posi- 
tion of Colonel, 269 

Gaines, Otis Reynolds & Co., an act 
authorizing, to keep ferry, 294 

Gambling, evil effects of, 50; public 



324 



Executive Journal of Iowa 



officers to be clear of, 59, 111; acts 
relative to, 199, 288 

Gardner, James, nominated to the 
office of Justice of the Peace, 85 

Gardner, Simon, nominated to the 
office of Justice of the Peace, 89 

Garrison, Moses, nominated to the 
office of Justice of the Peace, 89 

Gaskell, Timothy S., nominated to the 
office of Justice of the I'eace, 80 

Gazette, Iowa Territorial, proclamation 
to appear in, 162; references to, 182, 
244 

Geerhart, Stephen, nominated to the 
position of Major, 91 

Gehon, Francis, nominated to the posi- 
tion of Brigadier General, 78; num- 
ber of votes for, as Delegate to Con- 
gress, 159; elected Delegate to Con- 
gress, 160; certificate of election as 
Delegate to Congress, 160; letter to, 
enclosing certificate of election, 161 

Geological Survey, reference to report 
of, 240 

Geology, transmission of reports rela- 
tive to, 239 

Gilleland, Archibald, nominated to the 
office of Justice of the Peace, 84 

Gillenwater, Robert W., nominated to 
the office of Justice of the Peace, 86 

Gilliland, John, nominated to the office 
of Justice of the Peace, 87 

Gillock, Braxton W., nominated to the 
office of Sheriff, 83; nominated to the 
position of Major, 91; letter to, rela- 
tive to pardoning James Fike, 119; 
commissioned as Sheriff, 209 

Goodrich, James R., nominated to the 
office of Justice of the Peace, 90 

Government, Territorial, an act estab- 
lishing, 41; local organization of the, 
43 

Governor of the Territory of Iowa, ap- 
pointment of Robert Lucas to posi- 
tion of, 3; Gen. Atkinson's declina- 
tion of the office of, 9; letter relative 



to election of, 233; removal of Rob- 
ert Lucas from office of, 278; ap- 
pointment of John Chambers to posi- 
tion of, 278; an act relative to ap- 
provals of, 311 

Gray, Hosea W., nominated to the 
office of Sheriff, 231 

Gray, James, nominated to the office 
of Justice of the Peace, 84 

Gray W., appointed to the office of 
Sheriff, 209 

Green, William, nominated to the office 
of Justice of the Peace, 88 

Grewell, Robert, nominated to the 
office of Justice of the Peace, 84 

Griffey, William, nominated to the 
office of Justice of the Peace, 86 

Griffith, J. B., nominated to the office 
of Sheriff, 84 

Griffith, John W., commissioned as 
Sheriff, 209 

Grimes, James W., elected member of 
House of Representatives, 37 

Groom, John, nominated to the office 
of Justice of the Peace, 85 

Guthrie, Edvpin, nominated to the office 
of Justice of the Peace, 85 

Guthry, E., letter to, relative to pardon- 
ing James Fike, 119 

Habeas Corpus, an act relative to, 310 

Haggard, David, nominated to the 
office of Justice of the Peace, 84 

Hains, E. S., letter to, relative to 
books for Territorial library, 27 

Half Breed Lands, Commissioner to 
partition, 17, 68; an act relative to, 
297; an act repealing, 299; memorial 
relative to, 299; an act relative to 
selling interest in, 311 

Hall, James, elected member of House 
of Representatives, 37; reference to 
house of, 175 

Haltzpecker, Henry, nominated to the 
office of Justice of the Peace, 90 

Harbor, memorial for survey of, of Du 
Buque, 303 



Index 



325 



Hardman, Henry, nominated to the 
office of Justice of the Peace, 88 

Hare, Daniel, nominated to the office 
of Justice of the Peace, 88 

Harlin, George W., number of votes 
for, as member of House of Repre- 
sentatives, 28 

Harrington, Anson, nominated to the 
position of Colonel, 270 

Harris, Charles H., nominated to the 
office of Justice of the Peace, 90 

Harris, Mr., line between Ohio and 
Michigan run by, 222 

Harris, Pleasant, nominated to the 
office of Judge of Probate, 83; nom- 
inated to the office of Justice of the 
Peace, 89 

Harris, William M., nominated to the 
position of Major, 270 

Hastings, S. C, elected member of 
House of Representatives, 37 

Hedges, Samuel, nominated to the 
office of Jastice of the Peace, 88; 
nominated to the position of Colonel, 
91 

HefHeman, Henry, nominated to the 
office of Sheriff, 83; commissioned as 
Sheriff, 209; letter to, relative to 
boundary matter, 213 

Heller, Jacob, nominated to the office 
of Justice of the Peace, 88 

Hempstead, Stephen, elected member 
of Council, 37 

Hendershott, David, nominated to the 
office of Justice of the Peace, 86 

Henkle, Abraham, nominated to the 
office of Justice of the Peace, 84 

Henry County, time of holding court 
in, 6; number of members in Coun- 
cil and House of Representatives 
from, 14; references to, 17, 36, 37, 
83, 86, 168, 197, 209, 230; bill to 
divide, 73; act to divide, 289, 295; 
an act relative to sale of land in, 
299; an act to district, 301; an act 
relative to surveyor of, 303; me- 



morial relative to location of, by 
commissioners, 303; an act to incor- 
porate town of Salem in, 308; acts 
relative to dams in, 308, 311 

Hepner, George, elected member of 
Council, 36 

Herrington, Sylvanus, nominated to 
the position of Second Lieutenant, 
269 

Hervey, William S., nominated to the 
office of Justice of the Peace, 88 

Hetfield, Robert, nominated to the 
office of Justice of the Peace, 90; 
nominated to the position of Major, 
92 

Hill, Joshua, nominated to the position 
of Firet Lieutenant, 270 

Hillis, John, nominated to the office 
of Justice of the Peace, 85 

History, documentary, receipt of, 39 

Holcomb, Milo, nominated to the office 
of Sheriff, 83; reappointed Sheriff, 
209; nominated to the office of Sher- 
iff, 231 

HoUiday, John, nominated to the posi- 
tion of First Lieutenant, 270 

Horses, an act for improving breed of, 
293 

Hotchkiss, Samuel, nominated to the 
position of Second Lieutenant, 270 

House of Representatives, apportion- 
ment of members of, among the sev- 
eral counties, 14; election of mem- 
bers of, 15; members of, 37, com- 
munications to, relative to resolu- 
tions, 72, 74, 75, 166, 208, 252; com- 
munications to, relative to bills, 73, 
94, 101, 205, 227, 229; an act appor- 
tioning membereof, 294; an act rela- 
tive to annual organization of, 311 

Howe, Geo. W., an act authorizing, to 
erect dam, 292 

Hughes, Lawson B., elected member of 
Council, 36 

Humphrey, George, nominated to the 
office of Justice of the Peace, 87 



326 



Executive Journal of Iowa 



Hunt, George, nominated to the posi- 
tion of Firet Lieutenant, 270 

Huntly, Joseph, nominated to tlie office 
of Justice of tlie Peace, 86 

Hutton, diaries P., nominated to tlie 
office of Judge of Probate, 84; nom- 
inated to office of Justice of the 
Peace, 89; nominated to the position 
of Colonel, 92 

Illegitimate children, an act to provide 
for support of, 304 

Illinois, 218; letter to Governor of, 
relative to improvement of Missis- 
sippi River, 267 

Indian affairs, expenses of office of 
Superintendent of, 312 

Indian boundary line, 145, 147, 148, 
149, 217 

Indian country, 73 

Indiana, 147, 177 

Indians, preparations against attacks 
of, 51, 200; equipment for fighting 
with, 52, 127, 211, 200; Sac and Fox, 
purchase made from, 96; payment of 
annuities to, 252, 257; an act relative 
to selling liquors to, 289; items of 
expense relative to, 312 

Ingersoll, Wm., an act authorizing, to 
build a dam, 309 

Inghram, Arthur, elected member of 
Council, 36 

Inghram, Z. C, nominated to the office 
of Lieutenant Colonel, 91 

Injunctions, an act regulating the issu- 
ing of, 298 

Insane persons, an act concerning, 293 

Insurance Company, Bloomington, an 
act to incorporate, 307; acts relative 
to the Iowa Mutual Fire, 298, 305 

Intemperance, evil effects of, 50, 199; 
public officere should be clear of, 59; 
result of recommendations relative 
to public officere and. 111 

Interest, an act regulating, 289 

Iowa, Territory of, appointment of 
Governor of, 3, 278 



Iowa and Cedar rivers, memorial for 
imj^rovement of, 302 

Iowa City (Iowa), sale of lots in, 128, 
131, 248, 249, 253, 254. 273; refer- 
ences to, 132, 195, 238, 278; seat of 
government at, 236, 237; building of 
Capitol at, 250; meeting of Legisla- 
tive Assembly at, 276; Territorial 
road from Keokuk to, 288; memorial 
to improve road from, 307; an act 
relative to deeds to lots in, 308 

Iowa Mutual Fire Insurance Co., acts 
relative to, 298, 305 

Iowa River, 128 

loioa Sun, proclamation bj' Wm. B. 
Conway published in, 8 

Iowa Territorial Gazette, proclamation 
to appear in, 162; publishers of, 182; 
account of Jackson County disturb- 
ances in, 244 

Jack.son, Soloman, nominated to the 
office of Justice of the Peace, 85 

Jackson County, a part of 1st judicial 
district, 5; a part of election district, 
15; references to, 31, 37, 78, 83, 89, 
209, 230; disturbance in, 243; an act 
for relief of Sheriff of, 304 

Jacobs, Cyrus S., elected member of 
House of Representatives, 37; refer- 
ence to death of, 39; reference to 
.shooting of, 50 

Jefferson, N., reference to communica- 
tion from, 30 

Jefferson City (Mi.ssouri), 226 

Jefferson County (Iowa), bill to estab- 
lish, 73; references to, 86, 90, 197, 
209, 216, 231, 269; acts to create, 
289, 295; acts relative to dams in, 
296, 309; an act relative to District 
Court in, 298; memorial relative to 
post route through, 299 

Jefferson County (Virginia). Robert 
Luca-s born in, 3 

Jeofails, an act relative to. 297 

Johnson, R. M., letter to, transmitting 
resolution, 234 



Index 



327 



Johnson, Mr., reference to books by, 25 

Johnson County, a part of 2d judicial 
district, 5; time of holding court in, 
6; a part of election district, 15; 
references to, 37, 83, 89, 128, 192, 
209, 253, 276; seat of government in, 
92, 194 

Jones County, a part of election dis- 
trict, 15; references to, 37, 84, 89, 
209; an act to organize, 297 

Josslin, John G., nominated to the 
ofBce of Jastice of the Peace, 89 

Journals, laws and, of Legislative As- 
sembly, an act relative to, 294 

Judge of Probate, nominations for office 
of, 83, 230; an act relative to 295; an 
act providing for election of, 310 

Judges, bills reported by, 104 

Judicial courts, importance of, 47 

Judicial district, 2d, 8 

Judicial districts, an act providing 
for establishment of, 4; counties con- 
stituting, 5; judges presiding over, 5; 
time of holding courts in, 5; refer- 
ence to, 53 

Judiciary, power of, to enforce laws, 
243 

Judson, Mr., reference to map drawn 
by, 274 

Judy, John, nominated to tlie office of 
Justice of the Peace, So 

JurLsprudence, system of, for the Ter- 
ritory, 47; criminal, 49 

Justices' courts, 40 

Justices of the Peace, duties of, 4G; 
judicial power vested in, 80; nomi- 
nations for office of, 84, 216; an act 
relative to judgments written by, 292; 
acts relative to, 296, 308; resolution 
relative to printing an act relative to 
duties of, 304 

Kansas River, 142, 144, 145, 146, 147 

Keith, Isham, elected member of Coun- 
cil, 36 

Keizer, Jacob, nominated to the office 
of Justice of the Peace, 87 



Kelley, Geo. W., letter to, relative to 
the officers of the city of Burlington, 
271 

Kelly, James, nominated to the office 
of Justice of the Peace, 89 

Kendall, Mr., to be advised of misman- 
agement of mails, 8 

Kendrick, William, nominated to the 
office of Justice of the Peace, 85 

Kenny, Sewall, nominated to the office 
of Justice of the Peace, 85 

Kenworthy, Jehu, nominated to the 
office of Justice of the Peace, 88 

Keokuk, Chief, advice of, 258 

Keokuk (Iowa), acts relative to roads 
from, 288, 309 

Keosauqua (Iowa), an act relative to a 
road from Du Buque to, 299 

Keosauqua lyceum, an act to incorpo- 
rate, 297 

Kessler, George, nominated to the posi- 
tion of Captain, 269 

Kidder, John, nominated to the office 
of Justice of the Peace, 87 

Kilbourn, David W., nominated to the 
office of Justice of the Peace, S5; an 
act authorizing, to keep ferry, 293 

Kilbourn, Myron, nominated to the 
office of Justice of the Peace, 86 

Killpatrick, Ephraim, nominated to 
the office of Judge of Probate, 230 

King, Jonathan J., nominated to the 
office of Justice of the Peace, 86 

King, Joshua, nominated to the office 
of Justice of the Peace, 88 

Kinglesley, Lewis, nominated to the 
office of Justice of the Peace, 88 

Kirkpatrick's Ferry Act, 288 

Knapp, Augustu-s R,, appointment of, 
as Commissioner, 68 

Knapp, Harriet, an act authorizing, to 
sell interest of Nathaniel Knapp in 
Half Breed lands, 311 

Knapp, John H,, an act to make valid 
the deed of Si-Si-Saman to, 306 

Knapp, Nathaniel, an act authorizing 



328 



Executive Journal of Iowa 



Harriet Knapp to sell interest of, in 
Half Breed lands, 311 

Knight, S. C, nominated to the office 
of Jastice of the Peace, 85 

Knott, Richard, certificate of, relative 
to organization of Linn County, 175 

Ladd, Amos, Superintendent of Peni- 
tentiary, 138, 188, 189, 207, 235 

Lancaster, Cornelias, nominated to the 
office of Justice of the Peace, 87 

Land, grant of, to the Territory, by 
Congress, 191; grant of, to the Terri- 
tory, for literary purposes, 204; letter 
relative to, 238; memorials relative 
to donation of, 300, 309 

Land Claim, Du Buque, memorial for 
speedy settlement of, 30-1 

Land District, memorial relative to 
additional, 306 

Landlords and tenants, acts relative to, 
302, 303 

Lands, iinsurveyed, resolution relative 
to, 302 

Lash, John B., nominated to the ofBce 
of Justice of the Peace, 80 

Lathrop, Silas S., nominated to the 
office of Justice of the Peace, 87; 
nominated to the position of Lieu- 
tenant Colonel, 91 

Lauder, Henry F., nominated to the 
position of Colonel, 92 

Laudley, Jesse, nominated to the office 
of Justice of the Peace, 90 

Lawless, Burget B., nominated to the 
office of Justice of the Peace. 90 

Laws, resolutions relative to printing, 
287, 305; resolution relative to copies 
of, 290, 300 

Laws and Journals of Legislative As- 
sembly, aa act relative to, 2G4 

Lea, Albert M., reference to communi- 
cation from, 9; letter to, from Wm. 
B. Conway, relative to Missouri- 
Iowa boundary, 12; letter to, from 
Robert Lucas, relative to Commis- 
sioners, 21, 23; references to, as 



Commissioner, 10, 22, 58, 202, 232; 
nominated Brigadier General, 269; 
reference to letter from, 274 

Lears, Daniel, nominated to the office 
of Justice of the Peace, 86 

Lee, Prederiek, nominated to the office 
of Justice of the Peace, 86 

Lee, Josiah, nominated to the office of 
Justice of the Peace, 87 

Lee, William, nominated to the office 
of Justice of the Peace, 90 

Leo County, a part of 3d judicial dis- 
trict, 5; time of holding court in, 6; 
number of members from, in Coun- 
cil and House of Representatives, 14; 
references to, 36, 37, 77, 83, 84, 119, 
168, 209; an act for the relief of the 
Sheriff of, 296; an act to establish 
boundaries of, 296; an act relative to 
a ferry in, 310; an act to relocate 
county seat of, 310; an act relative to 
Half Breed lands in, 311 

Legislative Assembly, meeting of, 24, 
27, 32, 35, 38, 41, 54, 275, 296; esti- 
mates for expenses of, 31, 32, 58, 03, 
64, 65; members of, 36; messages to, 
40, 176, 240, 254; powers of, 59, 60, 
66; oath administered to members of 
first, 61; resolution relative to ex- 
penses of, 62; appropriation for ex- 
penses of, 63; intercourse between 
Executive and, 70; power of, to con- 
trol application of appropriations 
made by Congress, 72, 101; right of, 
to appoint officere, 95; an act to 
privilege members of, from arrest, 
97; an act to punish niembere of, for 
contempt, 97, 300; stormy session of, 
103; extravagance of, 103, 110; rec- 
ords of acts of, 112; letter transmit- 
ting documents relative to, 117; rela- 
tion of, to Executive, 180; communi- 
cation to, relative to arrest of fugi- 
tives, 228; transmission of resolution 
of, to Congress, 234; an act regulat- 
ing mode of petitioning, 293; an 



Index 



329 



act authorizing the Governor to call 
special sessions of, 298; an act rela- 
tive to extra session of, 307; resolu- 
tion relative to rent of building occu- 
pied by. 307 

Legislative Department, an act regu- 
lating intercourse between Executive 
and, 288 

Leonard, James, an act authorizing, 
to keep ferry, 295 

Letton, Ralph, an act authorizing, to 
establish a ferry, 290 

Leverich, James, Sr., nominated to the 
office of Justice of the Peace, 88 

Leverich, William, nominated to the 
office of Justice of the Peace, 87 

Lewis, Warner, elected member of 
Council, 37; nominated to the posi- 
tion of Major General, 77 

Librarian, Territorial, 57, ISO, 187; 
mode of appointment of, 57, 229; acts 
relative to, 301, 303 

Libraries, public, an act for the incor- 
poration of, 296 

Library, Congressional, transmission 
of reports to, 239 

Library, Territorial, books for, 19, 25, 
26, 27, 57, 99, 186, 187; appropriation 
for, 24, 25, 57; maps presented to, 
57; provisions for, 186, 187; rent of 
building for, 266 

License, to sell liquor, 199; grocery, an 
act to regulate, 303 

Liens, Mechanics, acts relative to, 288, 
310 

Limitation of suits on penal statutes 
and criminal prosecutions, 305 

Linn, Dr., letter by, relative to Mis- 
souri-Iowa boitndary, 219; reference 
to letter from, 220; Kobert Lucas not 
in agreement with, 224 

Linn County, a part of election dis- 
trict, 15; references to, 37, 84, 89, 
209, 231; acts relative to organizing, 
174, 292, 304 

Liquors, an act relative to the selling 



of, to Indians, 289; unwholesome, an 
act relative to, 289 

Litton, Ralph, nominated to the office 
of Justice of the Peace, 88 

Lock, Professor, report of Geological 
Survey by, 240 

Long, Wier, nominated to the office of 
Justice of the Peace, 87 

Lots in Iowa City, sale of, 128, 131, 
253, 273 

Louisa County, a part of 2d judicial 
district, 5; time of holding court in, 
6; a part of election district, 14; 
references to, 36, 37, 83, 87, 209; an 
act establishing boundaries of, 291 

Lowe, Ralph P., nominated District 
Prosecutor, 231 

Lowell, Wm. G., nominated to the 
office of Justice of the Peace, 80 

Lucas, Edward, & Co., letter to, rela- 
tive to books for library, 25; refer- 
ence to letter to, 27 

Lucas, Robert, Executive Journal of, 
3; time and place of birth of, 3; 
commissions by, appointing James 
Davis, 16, appointing Isaac Van 
Allen, 17, appointing Augustus R. 
Knapp, 68; order for 65,000 by, 25; 
cases of books to be marked with 
name of, 26; certificates of election 
by, to W. W. Chapman, 33, to Fran- 
cis Gehon, 160; certificate issued by, 
on the petition of James Davis, 232; 
oath administered to membere of 
Legislative Assembly by, 61; memo- 
rials to Congress by, relative to 
donation of land, 96, 235; complaint 
against qualifications of, 105; letter 
to, from commissioners, relative to 
sale of lots in Iowa City, 131; refer- 
ences to, in letter on Missouri-Iowa 
boundary, 220, 221; communication 
to Legislative jVssembly by, acknowl- 
edging receipt of communication 
from New York, 228; resolution ad- 
dressed to, 264; reference to removal 



3;50 



Executive Journal of Iowa 



of, from office, 278. (For letters and 
official communications to the Legisla- 
tive Council and House of Representa- 
tives, see below.) 
Lucas, Robert, letters by, to L. W. 
Boggs, relative to appointment of 
.James Davis, Commissioner, 20; 
transmitting resolutions, 226; to Al- 
bert M. Lea, relative to Commission- 
ers, 21, 23; to Wm. B. Conway, rela- 
tive to location of seat of govern- 
ment and commencing otBcial ditties, 
23, relative to a resolution of the 
Legislative Assembly, 65, relative to 
the duties of the Secretary of the 
Territory, 69; to Edward Lucas & 
Co., relative to books for library, 
25; to E. S. Hains, relative to books 
for library, 27 ; to Jabez A. Burchard, 
.Jr., relative to election returns, 28; 
to James K. Mo.ss, relative to eligi- 
bility of Thomas Cox to a seat in the 
Legislative As.sembly, 30; to Thos. 
L. Smith, relative to expenses of 
Legislative Assembly, 31; to E. Runs- 
ford & Jonas M. Oaks, relative to 
appointment of county seat commis- 
missioners for Cedar County, 34; to 
Asbury Dickius, relative to receii^t 
of books, 38, relative to reports on 
geology and mineralogy, 239; to Wm. 
W. Chapman, transmitting memorial 
and resolution, 82, 239, transmitting 
resolution, 233, enclosing memorial, 
237; to Governor of Ma.ssachusetts, 
acknowledging receipt of books, 99; 
to James Davis, relative to report on 
Missouri-Iowa boundary and ex- 
penses of Legislative Assembly, 103; 
to .several citizens of Lee County, 
relative to pardoning James Fike, 
119; to Jesse Miller, relative to 
drawing salary, 122; to J. R. Poin- 
sett, relative to supplies for militia, 
125, 210; to Francis Gehon, enclosing 
certificate of election, 161; to Com- 



mitte of Council on Territorial 
library, relative to purcha.ses for 
librarj', 212; to Henry Heffleman, 
relative to Missouri-Iowa boundary, 
213; to Marshal of United States, 
relative to preserving order, 215; to 
It. M. Jolmson, transmitting Resolu- 
tion, 234; to Thornton Bayle.ss, rela- 
tive to bond of Treasurer, 242; to J. 
V. Berry, relative to disturbance in 
Jackson County, 243; to Governors of 
Missouri, Illinois, and Wisconsin, 
relative to navigation of Mississippi 
River, 267; to committee of Tippe- 
canoe Club, relative to city officers, 
271; to J. J. Abert, relative to a map 
of Iowa and Wisconsin, 274; to Dan- 
iel Webster, relative to appointment 
of John Chambei-s as Governor, 277 

Lucas, Robert, communications by, to 
Legislative Coimcil, relative to reso- 
lutions, 01, 204; relative to bills, 70, 
78, 07; nominating officers, 77, 83, 
84, 91, 216, 230, 268; relative to cor- 
respondence with Secretary of War, 
231 

Lucas, Robert, communications by, to 
House of Representatives, relative to 
resolutions, 72, 74, 75, 166; relative to 
bills, 73, 92, 94, 101, 205, 227, 229; rel- 
ative to commissioning Sheriffs, 208; 
relative to Sac and Fox Indians, 252 

Lucas, Robert, letters by, to John For- 
syth, accepting appointment as Gov- 
ernor of the Territory of Iowa, 3; 
relative to the appointment of James 
Davis, Commissioner, 22; acknowl- 
edging receipt of copies of Acts of 
Congress, 40: relative to complaints 
against himself, 104; relative to 
transmitting communications, 114, 
117; relative to copies of laws of 
United States, 125; relative to Mis- 
souri-Iowa boundary, 162, 164, 170, 
216; relative to death of Wm. B. 
Conwav, 205 



Index 



331 



Lucas, Robert, letters by, to Levi 
Woodbury, relative to library and 
manner of paying appropriations and 
salaries, 18; relative to appropria- 
tions for libi'ary, 24; relative to sal- 
ary of Governor, 99, 122; relative to 
expenditures and appropriations, 123, 
244; relative to appropriations for 
public buildings, 115, 123, 138, 207, 
234, 240, 246 

Lucas, Robert, messages by, to the 
Legislative Assembly, 40, 176, 240, 
254 

Lucas, Robert, proclamations by, ap- 
portioning members of the Legisla- 
tive Assembly, 14; relative to elec- 
tion of Delegate to Congress and 
members of Legislative Assembly 
and fixing time and place for first 
meeting of the Legislative Assembly, 
35; relative to a special election, 39; 
relative to sale of lots at Iowa City, 
128, 131, 253, 273; relative to Mis- 
souri-Iowa boundary, 132, 139; rela- 
tive to election of Delegate to Con- 
gress, 158; relative to organization 
of Linn County, 174; relative to 
meeting of Legislative Assembly, 275 

Lucas, William, nominated to the 
office of Justice of the Peace, 85 

Lyon, Fredrick F., commissioned as 
Sheriff, 209 

Lyons, Frederick F., nominated to the 
office of Sheriff, 90 

Macomb, Alexander, iustruction book 
compiled under supervision of, 126 

Madison (Wisconsin), 32 

Magrew, Jesse B., nominated to the 
position of Lieutenant Colonel, 270 

Mails, mismanagement of, 8; delay in, 
32, 217; routes of, 32; resolutions 
relative to, 74, 300; memorial rela- 
tive to improving roads for, 308; ex- 
tra, an act relative to, 311 

Map, Judson's, of Wisconsin and Iowa, 
274 



Maps, presented to library, 57 

Marriages, an act regulating, 304 

Marrs, Samuel, nominated to the office 
of Justice of the Peace, 88 

Marshal of United States for the Terri- 
tory of Iowa, letter to, relative to 
the use of militia as aposse comitatus, 
215 

Marshall, John, nominated to the office 
of Justice of the Peace, 85 

Martin, Dr. R., letter to, relative to 
Burlington city oiScers, 271 

Maskel, Philip, nominated to the office 
of Justice of the Peace, 86 

Mason, Charles, assignment of, to 3d 
judicial district, 5; action of, rela- 
tive to Missouri-Iowa boundary, 213 

Mason, Timothy, nominated to the 
office of Justice of the Peace, 90 

Mason, William, nominated to the 
office of Justice of the Peace, 88 

Massachusetts, Governor of, letter to, 
acknowledging receipt of books, 99; 
journals of Provincial Congress of, 
99 

Mather, I. C, an act to make valid 
acts of, 303 

Mayor, election and powers of, in Du 
Buque, 78, 79, 82 

McCoy, George, nominated to the office 
of Sheriff, 83; commissioned as 
Sheriff, 209 

McCrory, Samuel H., nominated to the 
office of Justice of the Peace, 89 

McCrosky, Daniel, nominated to the 
position of Fii-st Lieutenant, 270 

McCurdy, John R., nominated to the 
position of Second Lieutenant, 270 

McDaniel, Calvin M., nominated to 
the office of Sheriii, 83 

McDonald, Calvin M., commissioned 
as Sheriff, 209 

MoGrew, Lewis, nominated to the posi- 
tion of Second Lieutenant, 270 

McKee, Lewis, nominated to the posi- 
tion of First Lieutenant, 270 



332 



Executive Journal of Iowa 



McKenny, Clark &, employed to print 
Journal of House of Representatives, 
182 

McKinster, Porter, nominated to the 
office of Justice of the Peace, 88 

McMasters, Samuel H. K., nominated 
to the office of Judge of Probate, 84 

MoMillen, Patten, nominated to the 
office of Justice of the Peace, 00 

Measures, an act regulating weights 
and, 290 

Mechan, Moses, nominated to the posi- 
tion of Second Lieutenant, 269 

Meek & Sons, Wm., an act authorizing, 
to erect a dam, 291 

Jlemorandum of Bills and Resolutions, 
287 

Memorial to Congress, asking grant of 
land for seat of government, 230 

Memorials, transmission of, to Dele- 
gate in Congress, 239; resolutions 
relative to, 301 

Messages to Legislative Assembly, 40, 
176, 246, 254 

Messenger, items relative to, 312 

Michigan, references to, 43, 132, 141, 
147, 177, 182, 206; an act to repeal 
acts of, 110; boundary controversy 
of, 218, 219 

Military Academy, 62 

Militia, necessity for, 51; law, details 
of, 51, 52; equipment for, 52, 53; 
officers of, nominated, 77; field officers 
of, nominated, 91; letters relative to 
equipment for, 125, 210; organiza- 
tion of, 195; to be called out as posse 
comitatus, 215; nomination of Lud- 
low Pharis as officer in, 216; papers 
relative to equipment for, trans- 
mitted, 231; officers of, nominated, 
268; an act relative to, 290 

Mill & Manufacturing Co., Blooming- 
ton, the, an act to incorporate, 308 

Mill & Manufacturing Co., Phila- 
delphia, the, an act to incoiporate, 
3U4 



Millard, Eli, nominated to the office of 
Jiuslice of the Peace, 84 

Miller, Jesse, letter to, relative to 
drawing salary, 122 

Miller, Peter, nominated to the office 
of Justice of the Peace. 85 

Miller, William, nominated to the 
office of Justice of the Peace, 85 

Milligan, William, nominated to the 
office of Justice of the Peace, 87 

Mills and millers, an act regulating, 
298 

Mineral lands, memorial on, 288 

Mineralogy, transmission of reports 
relative to, 239 

Jliners Bank of Du Buque, resolution 
authorizing committee to examine 
into condition of, 287 

Minors, an act relative to, 298 

Mintun, Jacob, nominated to the office 
of Justice of the Peace, 87 

Jlisdemeanors, an act relative to the 
safe custody of persons arrested for, 
300 

Mississippi bottom, memorial relative 
to road in, 304 

Mississippi River, references to, 7, 21, 
126, 141, 142, 144, 140, 178, 179, 201, 
255; ferries on, 106; depot of arms 
on, 127, 195, 197, 210, 211; improve- 
ment of navigation of, 267; acts rela- 
tive to ferries acro.ss, 293, 294, 295, 
304; memorial to Congress relative 
to removing obstructions on rapids 
of, 305 

Missouri, Governor of, letter to, rela- 
tive to Jlissouri-Iowa boundary, 10, 
20; reference to communication to, 
13; letter to, transuritting resolutions, 
226; letter to, relative to improve- 
ment of navigation of Mississippi 
River, 267 

lifissouri Argus, letter published in, 
219 

Mi.ssouri-Iowa boundary, letters rela- 
tive to, 8, 10, 12, 20, 21, 162, 164, 



Index 



333 



170, 213, 215, 216; commission rela- 
tive to, 16; proclamations relative to, 
132, 139; communications relative to, 
166, 210; termination of dispute, 255 

Missouri River, references to, 126, 142, 
144, 147, 178, 179 

Mitohel, Israel, nominated to the office 
of Judge of Probate, 84; nominated 
to the office of Justice of the Peace, 
89 

Moberly, John F., nominated to the 
office of Justice of the Peace, 85 

Moberly, John T., nominated to the 
office of Justice of the Peace, 216 

Moffet, James, nominated to the office 
of Justice of the Peace, 85 

Monroe, Philip J., nominated to the 
office of Justice of the Peace, 89 

Montrose (lovra), an act relative to 
ferry at, 293 

Moore, H. W., letter to, relative to 
Burlington city officers, 271 

Morehead, Mathew, nominated to the 
office of Justice of the Peace, 88 

Morgan, James M., communication 
dispatched by, 217 

Morrison, Mr., book to be obtained 
from, 26 

Moss, James K., letter to, relative to 
eligibility of Thos. Cox to seat in 
Legislative Assembly, 30; nominated 
to the office of Judge of Probate, 83, 
230 

Mott, Robert E., an act authorizing, to 
keep ferry, 310 

Mt. Pleasant (Iowa), an act to estab- 
lish a University at, 309; memorial 
relative to road to, 309; memorial 
relative to road via, 309 

Mulattoes, an act regulating, 294 

Murry, Samuel R., number of votes for, 
28; elected member of House of Rep- 
resentatives, 37 

Muscatine County, a part of 2d judicial 
district, 5; time of holding court in, 
6; a part of election district, 14; 



references to, 36, 37, 77, 78, 83, 87, 
192, 209; an act relative to District 
Court in, 292 

My ares, Jacob L., nominated to the 
position of Major, 91 

Myers, William, nominated to the posi- 
tion of Major, 92 

Naturalization of aliens, an act rela- 
tive to, 185 

Navigation of Mississippi, improve- 
ment of, 267 

Ne Exeat, an act regulating the issuing 
of writs of, 298 

Neely, Wm. D., nominated to the posi- 
tion of Major, 91 

New York, 228 

Newcomb, William, nominated to the 
office of Judge of Probate, 85 

Nicollet, J. N., Judson'smap to be sent 
to, 274 

Nilson, iSamuel, nominated to the office 
of Justice of the Peace, 86 

Notaries Public, an act relative to, 302 

Note of explanation attached to bills by 
Executive, 106 

Notes, promissory, an act relative to, 
290 

Notson, Henry B., nominated to the 
office of Judge of Probate, 90 

Nowlin, Hardin, elected member of 
House of Representatives, 37 

Nye, Benjamin, certificate of, relative to 
organization of Linn County, 174; an 
act to authorize, to build dam, 291 

Nye, Stephen, nominated to the posi- 
tion of First Lieutenant, 270 

Oaks, Jonas M., letter to, relative to 
county seat commissioners for Cedar 
County, 34 

Oath, the, administered to Legislative 
Assembly, 61 

Officers, letter referring to, 6; county 
election of, 44, 45; judicial, 45, 59; 
Territorial, 58, 262; appointment of, 
80, 95; nomination of, 83, 268; elec- 
tion of, 181; city, manner of electing, 



334 



Executive Journal of Iowa 



in Burlington, 271; an act for relief 
of, 308 

Ohio, references to, 147, 177, 218; 
boundary controversy of, 219 

Ordinance of 1787, provisions of, 44 

Organic law, references to, 15, 29, 41, 
43, 44, 45, 46, 62, 64, 66, 67, 69, 70, 
71, 72, 74, 76, 80, 94, 123, 133, 168, 
179, 181, 182, 227, 229, 230, 233, 264, 
265, 278; memorial relative to, 301 

Orphans, an act relative to, 298 

Pardoning, letter relative to povfer of, 
119 

Parish, John C, assistance of, xi 

Parker, Jonathan W., elected member 
of Council, 37; nominated to the 
position of Brigadier General, 78 

Parker, Joseph, nominated to the office 
of Justice of the Peace, 86 

Parker, Samuel, elected member of 
House of Representatives, 37, nomi- 
nated to the ofKce of Justice of the 
Peace, 88 

Parkhurst (Iowa), an act to establish 
seminary of learning at, 302 

Parks, Richard, nominated to the office 
of Justice of the Peace, 86 

Parrine, Moses, nominated to the office 
of Justice of the Peace, 87 

Parsons, Isaac, nominated to the office 
of Jitstice of the Peace, 87 

Partnerships, limited, an act relative 
to, 298 

Parvin, Theodore S., executive journal 
not kept by, ix; purchases made in 
Cincinnati by, 24; reference to order 
in favor of, 24; order in favor of, 25; 
purchases made by, as Private Sec- 
retary, 20, 27 

Patterson, Myren, nominated to the 
office of Justice of the Peace, 90 

Patterson, William, elected member of 
House of Representatives, 37; re- 
signed position of Colonel, 268 

Payne, Jesse D., elected member of 
Council, 36 



Pearce, Richard, nominated to the 
office of Justice of the Peace, 88 

Penal statutes, an act for the limita- 
tions of suits on, 305 

Penitentiary, references to, 49, 187, 
247; letters relative to appropriations 
for, 115, 123, 138, 207, 234; memorials 
relative to, 290, 302; an act relative 
to, 297 

Peoria (Illinois), 32 

Perry, William, nominated to the 
position of Captain, 270 

Petit Jurors, an act concerning, 291 

Pharis, Ludlow, nominated to the posi- 
tion of Major, 216 

Phelps, William, reference to letter 
from, 252 

Philadelphia (Pennsylvania), 219 

Philadelphia Mill & Manufacturing 
Company, an act to incorporate the, 
304 

Pike, Benjamin P., nominated to the 
office of Justice of the Peace, 88 

Piketon (Ohio), 3 

Pilcher, Major, dealings of, with In- 
dians, 258 

Pine River, an act relative to dam 
across, 291 

Pitman, Lewis, nominated to the office 
of Justice of the Peace, 85 

Pleas in abatement, an act relative to, 
287 

Pleasant Valley (Iowa), 30 

Plumkett, Zeno, nominated to the office 
of Justice of the Peace, 86 

Plymouth Mill & Manufacturing Com- 
pany, the, an act to incorporate, 293 

Poinsett, J. R., letters to, relative to 
supplies for militia, 125, 210 

Point Comfort, an act relative to ter- 
ritorial road via, 311 

Police of City of Burlington, an act 
relative to, 297 

Pollock, Oliver, nominated to the office 
of Justice of the Peace, 86 

Poor, an act for the relief of, 310 



Index 



335 



Pope, Alanson, nominated to the office 
of Justice of the Peace, 88 

Population of the Territory of Iowa, 
251 

Porter, A. B., elected member of House 
of Representatives, 37 

Portlock, Barnet D., nominated to the 
office of Justice of the Peace, 86 

Posse comitatus, militia of Territory to 
be called out as, 215 

Post offices, resolutions on subject of, 
306 

Post roads, 302, 307 

Post route, memorial relative to, 299 

Prairie du Chien (Wisconsin), 126, 147, 
197, 211, 307 

Price, Calvin J., elected member of 
House of Representatives, 37 

Price, Eliphalet, nominated to the 
office of Justice of the Peace, 90 

Priest, John, nominated to the office of 
Justice of the Peace, 87 

Printer, public, act creating office of, 
227, 300 

Printers, an act relative to, 310 

Printing, public, 110, 182, 183, 186; 
necessity for, 186; acts relative to 
compensation for, 304, 310; resolu- 
tions relative to, 305 

Prison Discipline, an act regulating, 
297 

Privilege from arrest, 97, 299 

Probate, Judges of, nominated, 83, 230; 
an act relative to compensation of, 
295 

Probate courts, 46, 80, 292 

Proclamation, by Wm. B. Conway, 
dividing the Territory of Iowa into 
judicial districts, 4 

Proclamations, by Robert Lucas, ap- 
portioning members of Council and 
House of Representatives among the 
several counties, 14; announcing 
membei's of Legislative Assembly 
elected from the several counties, 35; 
ordering a special election, 39; an- 



nouncing Francis Gehon's election as 
Delegate to Congress, 158; organizing 
Linn County, 174; relative to sale of 
lots in Iowa City, 253, 273; fixing 
time for meeting of Legislative As- 
sembly, 275 

Property, lost, an act relative to, 296 

Prosecutor, District, duty of, 243 

Prosecutors, District, an act relative 
to, 292 

Public Accounts, Auditor of, an act 
providing for appointment and duties 
of, 305 

Public buildings, references to, 54, 187, 
191, 192, 195, 235, 242, 247, 276; let- 
ters relative to appropriations for, 
115, 123, 138, 207, 240, 245 '--^ 

Public lands, resolutions relative to 
survey of, 291; act relative to sales 
of improvements on, 292 

Public money, disbursement of, 206 

Punishments, an act relative to, 298 

Quo Warranto act, 288 

Rafferty, John C, nominated to the 
office of Justice of the Peace, 89 

Ralston, Robert, elected member of 
Council, 36 

Ransford, Richard R., nominated to 
the office of Justice of the Peace, 88 

Read, Hugh T., nominated to the posi- 
tion of Colonel, 268 

Real and Personal estate, acts relative 
to, 298, 310 

Real estate, an act providing for parti- 
tion of, 291 

Recorder of Deeds, an act relative to 
office of, 293 

Rector, Wm., surveying directed by, 
145, 146 

Reed, Calvin C, nominated to the 
office of Justice of the Peace, 89 

Reed, Henry, nominated to the posi- 
tion of Second Lieutenant, 269 

Reed, Samuel C, nominated to the 
office of Justice of the Peace, 85 

Reeves, Russell &, employed to prinj 



336 



Executive Journal of Iowa 



laws, 1S3; resolution requiring, to 

furnish copies of laws, 2'JO; resolu- 
tion relative to printing of laws by, 

300 
Replevin, an act regulating action of, 

290 
Reporter to Supreme Court, report on 

salary for, 293 
Resolutions, memorandum of, 283, 285, 

287 
Resolutions, memorials and, resolutions 

relative to, 301 
Restine, Barnet, an act autliovizing, to 

erect dam, 300 
Revemre, county, acts relative to, 297, 

308; Territorial, an act relative to, 

299 
Reynolds, George, nominated to the 

office of Justice of the Peace, 80 
Reynolds, Otis, Gaines & Co., an act 

authorizing, to keep ferry, 294 
Richards, Seth. an act authorizing, to 

erect dam, 292 
Richey, Jame E., nominated to the 

office of Justice of the Peace, 85 
Rigby, Washington A., nominated to 

the office of Justice of the Peace, 88 
Right, action of, an act concerning, 289 
Rinearson, John, nominated to the 

position of Captain, 209 
Ritchie, Adam, an act authorizing, to 

erect a dam, 308 
Ritchie, James R., nominated to the 

office of Justice of the Peace, 80 
Road system, propriety of a general, 48 
Roads, Territorial, references to, 288, 

289, 299, 304, 300, 307, 308, 309 
Robb, James, nominated to the office 

of Justice of the Peace, 85 
Roberts, Robert G., elected member of 

House of Representatives, 37; an act 

to render valid the acts of, as Justice 
of the Peace, 288 
Robinson, Joseph M., number of votes 

for, as Delegate to Congress, 159 
Rochester (Iowa), 34 



Rock Island (Illinois), depot of arms 
on, 211, 200 

Rodefer, B., reference to affidavit of, 30 

Ronalds, John, nominated to the office 
of Justice of the Peace, 87; nomi- 
nated to the position of Colonel, 91; 
letter from, relative to sale of lots at 
Iowa City, 131 

Root, Reuben, nominated to the office 
of Justice of the Peace, 86 

Rose, John H., nominated to the posi- 
tion of Colonel, 92 

Ro.ss, Samuel, nominated to the office 
of Justice of the Peace, 84 

Round mound (Iowa), an act relative 
to ferry at, 295, 310 

Run.sford, R., letter to, relative to 
County Seat Commissioners for Cedar 
County, 34 

Russell & Reeves, employed to print 
laws, 183; resolution requiring, to fur- 
ni.sh copies of laws, 290; resolution 
relative to printing of laws by, 300 

Sac Indians, purchase made from, 96 

St. Clair, Clark & Force, publishers of 
documentary history, 39 

St. Pranois River, 142 

St. Louis (Missouri), meeting of com- 
missioners at, 9, 12; references to, 
21, 22, 23, 32, 110 

St. Peters, 126, 178 

Salary of Territorial officers, manner of 
payment, 19; of Executive, 99, 122 

Sale of lots, in Iowa City, proclama- 
tions relative to, 128, 131, 253, 273 

Salem (Iowa), an act to incorporate, 
308 

Salsberry, Albert, nominated to the 
office of Justice of the Peace, 89 

Savery, Talbott, nominated to the posi- 
tion of Captain, 269 

School lands, memorial relative to, 297 

Schools, system of, 43; importance of, 
44, 182; donation of land for, 192; 
acts providing for establishment of, 
289, 310 



Index 



337 



Scott, Gen., reference to Treaty con- 
cluded by, 147 

Scott, James L., commissioned as 
Sheriff, 209; nominated to the office 
of Sheriff, 231 

Scott, Prior, nominated to the position 
of Lieutenant Colonel, 91 

Scott County, a part of 2d judicial dis- 
trict, 5; time of holding court in, 6; 
a part of election district, 15, 28; 
references to, 30, 37, 78, 83, 88, 209, 
230; an act for relief of the Sheriff 
of, 296; an act to establish seminary 
of learning in, 302 

Seals, Territorial, 290, 297, 303; reso- 
lution relative to, for courts, 290 

Searls, Ruben S., nominated to the 
office of Judge of Probate, 83 

Seat of government, temporarily located 
at Burlington, 23, 32; directed to be 
established, 54; manner of locating, 
55; an act to locate, 94, 295; memori- 
als relative to, 96, 236, 309; procla- 
mations relative to sale of lots at, 
128, 131, 253, 273; donation of land 
for, 190; letter enclosing memorial 
to Congress relative to, 237; an act 
to locate, 295; an act supplementary 
to an act to locate, 94, 295; resolution 
relative to land on which to locate, 
295 

Seat of justice of Cedar County, letter 
relative to locating, 34 

Secretary, oiBce for, 24; presence of, 
necessary, 24; duties of, not per- 
formed by, 69, 112, 113, 118; power of, 
as Disbursing Agent, 65, 66, 67, 72, 
111; allowances to, 110; salary of, 110; 
opposition to Executive by, 112; ex- 
ecutive prerogative assumed by, 112; 
error made by, 184; death of, 205; 
resolution relative to burial of, 306 

Securities of persons charged with 
offences, an act for relief of, 289 

Selby, Obediah, nominated to the posi- 
tion of Colonel, 91 



Seminaries, acts establishing, 296, 302, 
307 

Servants, an act concerning, 293 

Shambaugh, Benj. F., editor of Execu- 
tive Journal of Iowa, 1838-1841, iii; 
editor's preface by, vii 

Sharp, G. I., nominated to the office of 
Judge of Probate, 83 

Sheller, John, nominated to the posi- 
tion of Major, 91 

Shelton, Josiah, nominated to the office 
of Justice of the Peace, 84 

Shepard, Elisha H., nominated to the 
position of Lieutenant Colonel, 91 

Sheriffs, nominations for office of, 83, 
90, 230; compensation of, 101, 299: 
list of commissioned, 209; acts rela- 
tive to, 294, 310; resolution for bene- 
fit of former, 306 

Shiller, John S., nominated to the posi- 
tion of Colonel, 270 

Shuck, Christopher, nominated to the 
office of Justice of the Peace, 87 

Sibley, Henry S., nominated to the 
office of Justice of the Peace, 90 

Simpson, James, nominated to the 
office of Justice of the Peace, 87 

Si-Si-Saman, an act to make valid the 
deed of, 306 

Skinner, William, nominated to the 
office of Justice of the Peace, 85 

Skunk River, acts relative to dams 
across, 293, 296, 300, 309; memorial 
for survey of, 302 

Slater, David, nominated to the posi- 
tion of Lieutenant Colonel, 92 

Slaughter, Wm. B., letter to, from 
Wm. B. Conway, relative to officers 
and records, 6 

Slaughter County, a part of 2d judicial 
district, 5; time of holding court in. 
6; a part of election district, 14; 
references to, 36, 37, 83, 88, 298 

Sleeth, John C, nominated to the office 
of Justice of the Peace, 86 

Smith, Captain, letter sent by, 243 



338 



Executive Journal of Iowa 



Smart, Jonah, refereuce to letter from, 

252 
Smith, Hiram, nominated to the office 

of Justice of the Peace, 87 
Smith, Isral, nominated to the office of 

Justice of the Peace, 84 
Smith, J., memorial for relief of, 289 
Smith, Jeremiah, memorial of, 300 
Smith, Mr., an act authorizing, to erect 

dam, 296 
Smith, Samuel, nominated to the office 

of Sheriff, 83; commissioned as Sher- 
iff, 209 
Smith, Thos. L., letter to, relative to 

expenses of Legislative Assembly, 31; 

copies of letters from, to Robert 

Lucas, 63, 04 
Smith, William, nominated to the 

office of Ju-stice of the Peace, 86 
Spain, John, nominated to the office of 

Justice of the Peace, 85 
Spearman, James D., nominated to the 

office of Justice of the Peace, 86 
Special Session, message at, 246 
Spicon, John K., nominated to the 

office of Justice of the Peace, 88 
Stanley, Wilson, nominated to the office 

of Justice of the Peace, 85 
Stark, Thomas J., nominated to the 

office of Justice of the Peace, 87 
State government, 177, 178, 250 
Stationery, purchase of, 24 
Statutes, an act concerning repeal of, 

206; an act concerning construction 

of, 293; an act relative to authentica- 
tion of, 311 
Steam Mill Company, Tuscarore, an 

act to incorporate. 307 
Steamboats, an act relative to disasters 

on, 231 
Steel, Ninian C, nominated to the 

office of Justice of the Peace, 80 
Stewart, Kobert, nominated to the 

office of Justice of the Peace, 87 
Stiles, Warren, nominated to the office 

of Justice of the Peace. 88 



Stodard, Thomas, nominated to the 
office of Justice of the Peace, 87 

Stoddard, Eli, nominated to the office 
of Justice of the Peace, 85 

Stone, Hiram A., nominated to the 
position of Lieutenant Colonel, 270 

Stone, Silas, nominated to the office of 
Justice of the Peace, 85 

Strangur, Daniel, nominated to the 
position of Second Lieutenant, 269 

Street, Gen., reference to letters to, 2.52 

Strome, George, nominated to the office 
of Justice of the Peace, 87 

Strong, Sumau M., nominated to the 
office of Justice of the Peace, 88 

Suits, an act regulating the institution 
of, by foreign execution, 301 

Sullivan, John C, survey line run by, 
145, 146, 147 

Sullivan, John W., nominated to the 
office of Justice of the Peace, 87 

Sullivan's Ferry Act, 288 

Sullivan's line, 145, 146, 147, 148 

Summers, Amos, nominated to the 
office of Justice of the Peace, 86 

Summers, Laurel, number of votes for, 
28; elected member of House of Rep- 
resentatives, 37 

Summers, Sam W., reference to certifi- 
cate concerning, 65 

Supreme Court, Judges of, to hold court 
in judicial districts, 4; judicial 
power vested in, 46, 80; bill fixing 
time of first session of, 287; resolu- 
tion relative to bills by, 290; an act 
relative to Reporter to, 293; an act 
relative to terms of, 295; an act rela- 
tive to printing decisions of, 310 

Survey, Geological, report of, 240 

Surveyor, County, an act relative to 
duties of, 288; an act to make valid 
acts of, 303; an act providing for 
election of, 310 

Sutton, James T., nominated to the 
office of Justice of the Peace, 85 

Swan, Charles, nominated to the posi- 



Index 



3 39 



tion of Lieutenant Colonel, 92; an 
act authorizing, to keep ferry, 295 

Swan, Chauncey, elected member of 
House of Representatives, 37; letter 
by, to Robert Lucas, relative to sale 
of lots at Iowa City, 131 

Swazy, E. A. M., elected member of 
Council, 36; nominated to the posi- 
tion of Brigadier General, 78 

Tade, William, nominated to the office 
of Justice of the Peace, 85 

Tallman, James W., nominated to the 
office of Judge of Probate, 83; nomi- 
nated to the position of Colonel, 91 

Taylor, Gabriel N., nominated to the 
position of First Lieutenant, 269 

Taylor, Hawkins, elected member of 
House of Representatives, 37 

Taylor, John, nominated to the office 
of Justice of the Peace, 85 

Temple, George, elected member of 
House of Representatives, 37; nomi- 
nated to the position of Colonel, 269 

Tenants, Landlords and, acts relative 
to, 302, 303 

Terre Haute (Indiana), 32 

Territory of Iowa, papers, documents 
and records of, 7; advancement of, 
176 

Testaments, an act relative to, 208 

Thomas, Avery, an act to authorize, to 
keep a ferry, 304 

Thomas, Jacob, nominated to the office 
of Justice of the Peace, 84 

Thompson, James M., nominated to the 
position of Lieutenant Colonel, 91 

Thornton, E., nominated to the posi- 
tion of Eirst Lieutenant, 269 

Thornton, Levi, elected member of 
House of Representatives, 37 

Throop, Benjamin B., nominated to 
the office of Justice of the Peace, 85 

Tiffany, P. C, nominated to the office 
of Justice of the Peace, 86 

Tippecanoe Club, letter to, relative to 
election of officers in Burlington, 271 



Tompkins, Van Ransellier, nominated 
to the office of Justice of the Peace, 
87 

Toole, William L,, elected member of 
House of Representatives, 37 

Topographical Bureau, Washington, 
274 

Town plots, an act relative to, 299 

Townships, organization of, 43, 44, 
181, 182; an act to provide for organ- 
ization of, 306 

Treasurer, Territorial, references to, 
198, 199, 248; bond of, 242; an act 
relative to, 297; an act regulating 
duties of, 305 

Treasurers, county, an act providing 
for election of, 302 

Trespass on public domain, an act rela- 
tive to, 299 

Trowbridge, Samuel C, nominated to 
the office of Sheriff, 88; commissioned 
as Sheriff, 209; nominated to the 
position of Colonel, 270 

Troxell, John, an act authorizing, to 
erect dam, 311 

Tryon, Socrates H., nominated to the 
office of sheriff, 84; declined office of 
sheriff, 209 

Turner, Jonathan, nominated to the 
office of Justice of the Peace, 86 

Turnpike Company, Burlington &Iowa, 
an act to incoi-porate, 297 

Tuscarore Steam Mill Company, an act 
to incorporate, 307 

University, an act to establish, 309 

Updegraff, Abraham, nominated to 
the office of Justice of the Peace, 86 

Usher & Groom's Ferry Act, 289 

Vagrants, an act concerning, 297 

Van Allen, Isaac, appointed Commis- 
sioner, 17; vacancy caused by resig- 
nation of, 68 
Van Buren County, a part of 3d judi- 
cial district, 5; time of holding court 
in, 6; number of members in Coun- 
cil and House of Representatives 



340 



Executive Journal of Iowa 



from, 14; references to, 36, 37, 78, 
83, 85, 132, 155, 156, 162, 104, 168, 
170, 171, 203, 209, 214, 217, 230; an 
act to relocate seat of, 299; an act for 
the relief of, 307 

Van Hagen, Denson, nominated to the 
position of Captain, 270 

Vanderventer, Wm. H., nominated to 
the office of Justice of the Peace, 90 

Vannatta, John, nominated to the posi- 
tion of Colonel, 91 

Veile, Abraham D., nominated to the 
office of Justice of the Peace, 87 

Venire, an act to provide for changing, 
293 

Veto, executive, 105 

Virginia, Robert Lucas born in, 3 

Walker, Henry, nominated to the office 
of Justice of the Peace, 80 

AValker, Jesse C, nominated to the 
office of Justice of the Peace, 80 

Walker, Lucas B., nominated to the 
office of Justice of the Peace, CO 

Walker, Michael W., nominated to the 
office of Jttstice of the Peace, 85 

Walker, Robert, nominated to the 
office of Justice of the Peace, 89 

Walker, Samuel, nominated to the 
office of Justice of the Peace, 90 

Walker, Samuel S., nominated to the 
position of Lieutenant Colonel, 91 

Walker, William H., nominated to the 
office of Justice of the Peace, 85 

Wallace, Benj. F., signature of, to 
resolution, 264 

Wallace, William H., elected member 
of House of Representatives, 37; sig- 
nature of, to resolutions, as Speaker 
of the House of Representatives, 72, 
74, 75, 76 

Walton, David, nominated to the office 
of Justice of the Peace, 88 

Walworth, George H., nominated to the 
position of Lieutenant Colonel, 271 

Wamsley, Vinson H., an act aitthoriz- 
ing, to erect dam, 300 



Wapello (Iowa), reference to, 269; an 
act concerning Seminary at, 289; an 
act relative to establishing Terri- 
torial road to, 306 

Warfield, Mr., reference to communi- 
cations transmitted by, 34 

Warner, Wm , an act authorizing, to 
erect dam, 311 

Warren, Wm. A., nominated to the 
office of Sheriff, 83; nominated to 
the position of Major, 92; commis- 
sioned as Sheriff, 209 

Washboum, Arthur, nominated to the 
office of Judge of Probate, 83 

Washburn, Arthur, nominated to the 
office of Justice of the Peace, 87 

Washington City, references to, 9, 12, 
2.5, 32, 82, 100, 107, 112, 113, 127, 
139, 147, 163, 100, 169, 173, 174, 205, 
212, 217, 225, 240, 241, 245, 252, 257, 
274, 2T.5, 277 

Washington County, references to, 83, 
88, 192, 209, 231; an act relative to 
boundary of, 29S; an act relative to 
Territorial road to, 311 

Waste, an act regulating action of, 294 

Water crafts, an act relative to, 290 

Watkins, George, nominated to the 
office of Justice of the Peace, 89 

Watson, Lewis, nominated to the office 
of Justice of the Peace, 86 

Weapons, concealed, practice of wear- 
ing, 50 

Weaver, Grun, nominated to the office 
of Justice of the Peace, 90 

Webster, Daniel, letter to, relative to 
appointment of John Chambers as 
Governor, 277 

Weights and measures, an act regulat- 
ing, 290 

Wells, Giles, nominated to the position 
of Major, 91 

West Point, memorial relative to road 
via, 309 

Westcott, Joseph, nominated to the 
office of Judge of Probate, 230 



Index 



341 



Westfall, James, nominated to the 
position of Captain, 269 

"Weston, Cliarles, librarian pro tem, 186 

Whipple, Charls, nominated to the 
office of Justice of the Peace, 89 

Whitalver, John, nominated to the 
office of Justice of the Peace, So 

Whitoher, Stephen, Jr., reference to 
report of, 164 

Whitesides, "William H., nominated to 
the office of Justice of the Peace, 90 

"Whittelsey, John, nominated to the 
office of Justice of the Peace, 88 

"Whittlesey, Charles, elected member 
of Council, 37 

Willeford, George, nominated to the 
position of First Lieutenant, 269 

"Williams, Jesse, Messenger to Robert 
Lucas, ix; executive journal recorded 
by, ix; compensation of, as Messen- 
ger, 312 

"Williams, Joseph, assignment of 2d 
judicial district to, 5; letter to, from 
"Wm. B. Conway, relative to his judi- 
cial duties, 7 

'\"Villiams, Mr., an act authorizing, to 
keep ferry, 288 

Wills, an act relative to, 298 

Wilson, Grinder, nominated to the 
office of Justice of the Peace, 86 

Wilson, M., position of Captain re- 
signed by, 269 

Wilson, Robert, an act authorizing, to 
erect dam, 293 

Wilson, Samuel, nominated to the 
position of Captain, 270 

Wilson, Thos. S., assignment of 1st 
judicial district to, 5; vacancy caused 
by resignation of, 18, 08 

Wilson, William, nominated to the 
office of Justice ol the Peace, 85 



Wisconsin, Territory of, references to 
act to divide, 4, 14, 19, 33, 35, 41, 
116, 132, 241, 245; references to, 6, 
7, 15, 29, 34, 42, 48, 44, 68, 147, 148, 
168, 169, 179, 198, 204, 206, 218; an 
act to repeal acts of, 110; letter to 
Governor of, relative to improvement 
of navigation of the Mississippi, 267; 
reference to map of, 274 

Withroe, Hugh T., nominated to the 
office of Justice of the Peace, 84 

Wolves, an act to encourage destruc- 
tion of, 304 

Woodbury, Levi, letter to, relative to 
library and manner of paying appro- 
priations and salaries, 18; letter to, 
relative to appropriations for library, 
24; letter to, relative to salary and 
expenses, 99; letters to, relative to 
appropriations for public building.s, 
115, 123, 138, 240, 245; letters to, rel- 
ative to expenditures and appropria- 
tions, 122, 244; letters to, relative to 
appropriations for penitentiary, 207, 
234 

AVoods, Alexander, nominated to the 
office of Justice of the Peace, 85 

Woodsides, Samuel, nominated to the 
office of Justice of the Peace, 87 

Work, John, nominated to the office of 
Justice of the Peace, 88 

Worehipping assemblies, an act to pre- 
serve order in, 297 

Wright, John T>., nominated to the 
office of Justice of the Peace, 86 

Writs of attachment, an act regulat- 
ing, 291 

Wyman, William W., nominated to 
the position of Lieutenant Colonel, 92 

Yolger, Joseph, nominated to the office 
of Justice of the Peace, 89 



ILLUSTRATIONS 

Fac simile of the handwriting of X , opposite p. 40 

Fac simile of the handwriting of Y , opposite p. 114 

Fac simile of the handwriting of Robert Lucas, opposite p. 101 



